a specialist unit of TRANSNET SOC LTD REQUEST FOR … Region/The... · 2020. 1. 17. · T1.1 Tender Notice and Invitation to Tender T1.2 Tender Data ... (eMendi Building), eLwandle

TRANSNET GROUP CAPITAL TENDER NUMBER: P.1127672-LS-C004 DESCRIPTION OF THE WORKS: THE CONSTRUCTION OF THE NEW EAST BANK PERIMETER SECURITY FENCING

NEC3 ENGINEERING AND CONSTRUCTION CONTRACT Tender Documents 2018 – Rev01 Page 1 of 2

Transnet Group Capital

a specialist unit of TRANSNET SOC LTD

[Registration Number 1990/000900/30]

REQUEST FOR PROPOSAL (RFP)

FOR THE: THE CONSTRUCTION OF THE NEW EAST BANK PERIMETER SECURITY FENCING

RFP NUMBER : P.1127672-LS-C004

ISSUE DATE : 20 January 2020

COMPULSORY BRIEFING : 30 January 2020

CLOSING DATE : 11 February 2020

CLOSING TIME : 12h00pm

TENDER VALIDITY PERIOD : 12 weeks from closing date


NEC3 ENGINEERING AND CONSTRUCTION CONTRACT Tender Documents 2018 – Rev01 Page 2 of 2

Contents

Number Heading

The Tender

Part T1: Tendering Procedures

T1.1 Tender Notice and Invitation to Tender

T1.2 Tender Data

Part T2: Returnable Documents

T2.1 List of Returnable Document

T2.2 Returnable Schedules

The Contract

Part C1: Agreements and Contract Data

C1.1 Form of Offer and Acceptance

C1.2 Contract Data (Parts 1 & 2)

C1.3 Form of Guarantee

Part C2: Pricing Data

C2.1 Pricing Instructions

C2.2 Bill of Quantities

Part C3: Scope of Work

C3.1 Works Information

Part C4: Site Information

C4.1 Site Information


2019 – Rev 03 Part T1: Tendering procedures Page 1 of 8 T 1.1: Tender Notice and Invitation

T1.1 Tender Notice and Invitation to Tender

SECTION 1: NOTICE TO TENDERERS

1. INVITATION TO TENDER

Responses to this Tender [hereinafter referred to as a Tender] are requested from persons, companies, close

corporations or enterprises [hereinafter referred to as a Tenderer].

DESCRIPTION The Construction of the New East Bank Perimeter Security Fencing

TENDER FEE AND BANKING DETAILS

This Tender may be downloaded directly from the National Treasury eTender

Publication Portal at www.etenders.gov.za FREE OF CHARGE. Alternatively, this

RFP may be purchased at R100 [inclusive of VAT] on a CD for those Tenderers that

require a copy from Transnet rather than downloading from the website. Tenderers are

however encouraged to download the RFP from the National Treasury eTender Portal

instead. If a CD containing the RFP is required, prior arrangements must be

made one (1) day in advance with the contact person listed below. This CD

containing the RFP may be collected during work hours.

Payment is to be made as follows:

Bank: Standard Bank

Account Number: 00 126 5741

Branch: Carlton Centre

Branch code: 0023055

Account Name: Transnet Group Capital

Reference: P.1127672-LS-C004.

NOTE:

1. This amount is not refundable. Proof of payment for such payment made must be

presented when collecting the CD containing the RFP;

2. It is the responsibility of the tenderer to ensure receipt of a complete RFP with

specifications, drawings and annexures.

COLLECT CD CONTAINING RFP FROM:

The office of the Secretariat, National Acquisition Council

Address of applicable region:

N2 NEPTUNE ROAD

2nd Floor, TNPA Admin Building (Emendi Building)

Port of Ngqura

Port Elizabeth

Contact Person: Mphoyakaomphile Ngwenya

Email address: [email protected]

mailto:[email protected]



ISSUE DATE AND COLLECTION DATE DEADLINE

Between 09:00 and 15:00 from Monday, 20 January 2020 until Thursday, 30

January 2020.

Note: If a tender fee is applicable, payment must be effected prior to the deadline for

collection. Pursuant to this requirement, should a third party [such as a courier] be

instructed to collect a CD containing the RFP on behalf of a Tenderer, please ensure that

this person [the third party] has a “proof of payment” receipt for presentation to

Transnet when collecting the CD containing the RFP.

COMPULSORY TENDER CLARIFICATION MEETING

A Compulsory Tender Clarification Meeting will be conducted at N2 Neptune Road,

TNPA Admin Building (eMendi Building), eLwandle Boardroom, Port of Ngqura

on the 30th of January 2020, at 10:00am [10 O’clock] for a period of ± 6 (six)

hours. [Tenderers to provide own transportation and accommodation].

The Compulsory Tender Clarification Meeting will start punctually and information will

not be repeated for the benefit of Tenderers arriving late.

A Site visit/walk will take place, tenderers are to note:

Tenderers are required to wear safety shoes, goggles, long sleeve shirts, high

visibility vests and hard hats.

Tenderers without the recommended PPE will not be allowed on the site walk.

Tenderers and their employees, visitors, clients and customers entering Transnet

Offices, Depots, Workshops and Stores will have to undergo breathalyser testing.

All forms of firearms are prohibited on Transnet properties and premises.

The relevant persons attending the meeting must ensure that their identity

documents, passports or drivers licences are on them for inspection at the access

control gates.

Certificate of Attendance in the form set out in the Returnable Schedule T2.2-01

hereto must be completed and submitted with your Tender as proof of attendance is

required for a compulsory site meeting and/or tender briefing.

Tenderers are required to bring this Returnable Schedule T2.2-01 to the Compulsory

Tender Clarification Meeting to be signed by the Employer’s Representative.

Tenderers failing to attend the compulsory tender briefing will be disqualified.

CLOSING DATE

12:00pm on Tuesday, 11 February 2020

Tenderers must ensure that tenders are delivered timeously to the correct address. If a

tender is late or delivered to the incorrect address, it will not be accepted for

consideration.



VALIDITY PERIOD

12 weeks from the Tender Closing Date.

Tenderers are to note that they may be requested to extend the validity period of their

tender, at the same terms and conditions, if the internal evaluation process has not been

finalised within the validity period.

However, once the adjudication body has approved the process and award of the

business to the successful Tenderer(s), the validity of the successful Tenderer(s)’ tender

will be deemed to remain valid until a final contract has been concluded.

2. TENDER SUBMISSION

Tender Offers must be submitted in a sealed envelope addressed as follows:

The Secretariat, Transnet Group Capital Acquisition Council

RFP No: P.1127672-LS-C004

Description: The Construction of the New East Bank Perimeter Security Fencing

Closing date and time: 11 February 2020 at 12:00pm

Closing address: Refer to options in paragraph 3 below]

All envelopes must reflect the return address of the Tenderer on the reverse side.

3. DELIVERY INSTRUCTIONS FOR TENDER

3.1. Delivery by hand

If delivered by hand, the envelope must be deposited in the Transnet tender box which is located at at

The Entrance Foyer, TNPA Admin Building (eMendi Building), N2 Neptune Road, Port of Ngqura, Port

Elizabeth and must be addressed as follows:

THE SECRETARIAT

TRANSNET GROUP CAPITAL ACQUISITION COUNCIL

N2 Neptune Road

TNPA Admin Building (Emendi Building)

Port Of Ngqura

Port Elizabeth.

TRANSNET GROUP CAPITAL TENDER BOX

N2 Neptune Road

Entrance Foyer, TNPA Admin Building (Emendi Building)

Port Of Ngqura

Port Elizabeth.

The measurements of the "tender slot" are 400mm wide x 100mm high, and Tenderers must please

ensure that tender documents or files are no larger than the above dimensions. Tenders which are too

bulky [i.e. more than 100mm thick] must be split into two or more files, and placed in separate envelopes,

each such envelope to be addressed as required in paragraph 2 above.



3.2. Dispatch by courier

If dispatched by courier, the envelope must be addressed as follows and delivered to the Office of The

Secretariat, Transnet Group Capital Acquisition Council and a signature obtained from that Office:

THE SECRETARIAT

TRANSNET GROUP CAPITAL ACQUISITION COUNCIL

N2 Neptune Road

TNPA Admin Building (Emendi Building)

Port Of Ngqura, Port Elizabeth.

3.3. If tender offers are not delivered as stipulated herein, such tenders will not be considered.

3.4. No email or faxed tenders will be considered, unless otherwise stated herein.

3.5. The tender offers to this tender will be opened as soon as possible after the closing date and time.

Transnet shall not, at the opening of tenders, disclose to any other company any confidential details

pertaining to the Tender Offers / information received, i.e. pricing, delivery, etc. The names and locations

of the Tenderers will be divulged to other Tenderers upon request.

3.6. Envelopes must not contain documents relating to any Tender other than that shown on the envelope.

4. CONFIDENTIALITY

All information related to this RFP is to be treated with strict confidentiality. In this regard Tenderers are required to

certify that they have acquainted themselves with the Non-Disclosure Agreement. All information related to a

subsequent contract, both during and after completion thereof, will be treated with strict confidence. Should the

need however arise to divulge any information gleaned from provision of the Goods, which is either directly or

indirectly related to Transnet’s business, written approval to divulge such information must be obtained from

Transnet.

5. COMPLIANCE

The successful tenderer shall be in full and complete compliance with any and all applicable laws and regulations.

6. DISCLAIMERS

Tenderers are hereby advised that Transnet is not committed to any course of action as a result of its issuance of

this Tender and/or its receipt of a tender offer. In particular, please note that Transnet reserves the right to:

6.1. Modify the tender services and request Tenderers to re-tender on any changes;

6.2. Reject any tender which does not conform to instructions and specifications which are detailed herein;

6.3. Disqualify tender/s submitted after the stated submission deadline [closing date];

6.4. award the business to the highest scoring Tenderer/s unless objective criteria justify the award to another

Tenderer.



6.5. Not necessarily accept the lowest priced tender or an alternative Tender;

6.6. Go to the open market if the quoted rates (for award of work) are deemed unreasonable;

6.7. Reject all tenders, if it so decides;

6.8. Withdraw the tender on good cause shown;

6.9. Award business in connection with this tender at any time after the tender closing date;

6.10. Award business for only a portion of the proposed services which are reflected in the scope of this tender

6.11. Split the award of business between more than one service providers should it be more advantageous in

terms of, amongst others, cost or developmental considerations at Transnet’s discretion;

6.12. Should the Tenderers be awarded business on strength of information furnished by the Tenderer, which

after conclusion of the contract is proved to have been incorrect, Transnet reserves the right to cancel the

contract;

6.13. To request audited financial statements or other documentation for the purposes of a due diligence

exercise;

6.14. Not accept any changes or purported changes by the Tenderer to the tender rates after the closing date;

6.15. verify any information supplied by a Tenderer by submitting a tender, the Tenderer/s hereby irrevocably

grant the necessary consent to the Transnet to do so;

6.16. conduct the evaluation process in parallel. The evaluation of Tenderers at any given stage must therefore

not be interpreted to mean that Tenderers have necessarily passed any previous stage(s);

6.17. Transnet reserves the right to undertake post-tender negotiations [PTN] with selected Tenderers or any

number of short-listed Tenderers , such PTN to include, at Transnet’s option, any evaluation criteria listed

in this RFP document. In the event of any Respondent being notified of such short-listed/preferred bidder

status, his bid, as well as any subsequent negotiated best and final offers (BAFO), will automatically be

deemed to remain valid during the negotiation period and until the ultimate award of business. Unless

otherwise expressly stated, each tender lodged in response to the invitation to tender shall be deemed to

be an offer by the Tenderer. The Employer has the right in its sole and unfettered discretion not to accept

any offer;

6.18. Unless otherwise expressly stated, each tender lodged in response to the invitation to tender shall be

deemed to be an offer by the Tenderer. The Employer has the right in its sole and unfettered discretion

not to accept any offer.

6.19. Not be held liable if Bidders do not respond with their contact details by the date stipulated in “Issue date

and collection date deadline” above, and do not receive the latest information regarding this RFP with the

possible consequence of being disadvantaged or disqualified as a result thereof.

6.20. In addition, Transnet reserves the right to exclude any Tenderers from the bidding process who has been

convicted of a serious breach of law during the preceding 5 [five] years including but not limited to

breaches of the competition Act 89 of 1998. Respondents are required to indicate in tender returnable

[clause 12 on T2.2-19], [breach of law] whether or not they have been found guilty of a serious breach of

law during the past 5 [five] years.



7. Should the preferred Tenderer fail to sign or commence with the contract within a reasonable period after being

requested to do so, Transnet reserves the right to award the business to the next ranked Tenderer, provided that

he/she is still prepared to provide the required goods at the quoted rate. Under such circumstances, the validity of

the bids of the next ranked bidder(s) will be deemed to remain valid, irrespective of whether the next ranked

bidder(s) were issued with a Letter of Regret. Bidders may therefore be requested to advise whether they would still

be prepared to provide the required goods at their quoted price, even after they have been issued with a Letter of

Regret.

8. Kindly note that Transnet will not reimburse any Tenderer for any preparatory costs or other work performed in

connection with this Tender, whether or not the Tenderer is awarded a contract.

9. Repeal of Construction Sector Codes

9.1. The minister of the Department of Trade and Industry issued a Government Notice No.184 in the Government

Gazette No. 39703 on the 17th February 2016, to repeal the Construction Sector Codes.

9.2. The repeal implies that the Construction Sector Codes cease to exist from the 17th of February 2016.

9.3. All Measured Entities operating in the Construction Sector will be required to make use of B-BBEE Generic

Codes of Good Practice as amended and issued in terms of section 9 (1) of the B-BBEE Act No. 53 of 2003 as

amended by Act No.46 of 2013.

9.4. The application of the B-BBEE Generic Codes of Good Practice as amended must be in accordance with the

Notice of Clarification published in the Notice No.444 of 2015 published in the Government Gazette no.38799

on 15 May 2015.

10. NATIONAL TREASURY’S CENTRAL SUPPLIER DATABASE

Respondents are required to self-register on National Treasury’s Central Supplier Database (CSD) which has been

established to centrally administer supplier information for all organs of state and facilitate the verification of

certain key supplier information. The CSD can be accessed at https://secure.csd.gov.za/. Respondents are required

to provide the following to Transnet in order to enable it to verify information on the CSD:

Supplier Number………………………………… and Unique registration reference number……………………………

11. LEGAL REVIEW

A Proposal submitted by a Respondent will be subjected to review and acceptance or rejection of its proposed

contractual terms and conditions by Transnet’s Legal Counsel, prior to consideration for an award of business. A

material deviation from the Standard terms or conditions could result in disqualification.

12. SECURITY CLEARANCE

Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel providing the

goods and its subcontractor(s) must obtain security clearance from the appropriate authorities to the level of

CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility of the Successful

Respondent. Acceptance of the bid is also subject to the condition that the Successful Respondent will implement all

such security measures as the safe performance of the contract may require.

https://secure.csd.gov.za/



14. PROTECTION OF PERSONAL DATA

In responding to this tender, Transnet acknowledges that it may obtain and have access to personal data of the

Tenderers. Transnet agrees that it shall only process the information disclosed by Tenderers in their response to

this tender for the purpose of evaluating and subsequent award of business and in accordance with any applicable

law. Furthermore, Transnet will not otherwise modify, amend or alter any personal data submitted by Tenderers or

disclose or permit the disclosure of any personal data to any Third Party without the prior written consent from the

Tenderers. Similarly, Transnet requires Tenderers to process any personal information disclosed by Transnet in the

Tender process in the same manner.

Transnet urges its clients, suppliers and the general public

to report any fraud or corruption to

TIP-OFFS ANONYMOUS: 0800 003 056 OR [email protected]



ACKNOWLEDGEMENT OF RECEIPT OF DOCUEMENTS

AND INTENTION TO TENDER

(To be returned within 5 days after receipt)

FAX TO: Transnet Group Capital

Attention: Mphoyakaomphile Ngwenya

Project No.:

Tender No.:

1127672

P.1127672-LS-C004

Email:

[email protected]

Closing Date: 11 February 2020

For: The Construction of the New East Bank Perimeter Security Fencing

Check We: Do wish to tender for the work and shall return our tender by the due date

above Yes

Do not wish to tender on this occasion and herewith return all your

documents received

Yes

REASON FOR NOT TENDERING:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

COMPANY’S NAME, ADDRESS, CONTACT, PHONE AND TELEFAX NUMBERS

____________________________________________________________________________________________________________________________________________________________________________________________________

SIGNATURE: ____________________________________

DATE: __________________________________________


Page 1 of 10 Part 1: Tendering Procedures

T1.2: Tender Data Doc Number: P.1127672-LS-C004

T1.2 TENDER DATA

The conditions of tender are the Standard Conditions of Tender as contained in Annex C of the CIDB Standard for Uniformity

in Engineering and Construction Works Contracts, first published in Board Notice 62 of 2004 in Government Gazette No

26427 of 9 June 2004. It was subsequently amended in Board Notice 67 of 2005 in Government Gazette No 28127 of 14

October 2005, Board Notice 93 of 2006 in Government Gazette No 29138 of 18 August 2006, Board Notice No 9 of 2008

in Government Gazette No 31823 of 30 January 2009, Board Notice 86 of 2010 in Government Gazette No 33239 of 28

May 2010, Board Notice 136 of 2015 in Government Gazette 38960 of August 2019 and Board Notice 423 of 2019 in

Government Gazette No 42622 of 8 August 2019.

This edition incorporates the amendments made in Board Notice 423 of 2019 in Government Gazette 42622 of 8 August

2019. (see www.cidb.org.za).

The Standard Conditions of Tender make several references to Tender data for detail that apply specifically to this tender.

The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard

Conditions of Tender.

Each item of data given below is cross-referenced in the left-hand column to the clause in the Standard Conditions of

Tender to which it mainly applies.

Clause Data

C.1.1 The Employer is Transnet SOC Ltd

(Reg No. 1990/000900/30)

C.1.2 The tender documents issued by the Employer comprise:

Part T: The Tender

Part T1: Tendering procedures T1.1 Tender notice and invitation to tender

T1.2 Tender data

Part T2 : Returnable documents T2.1 List of returnable documents

T2.2 Returnable schedules

Part C: The contract

Part C1: Agreements and contract data C1.1 Form of offer and acceptance

C1.2 Contract data (Part 1 & 2)

Part C2: Pricing data C2.1 Pricing instructions

C2.2 Bill of Quantities

Part C3: Scope of Work C3.1 Works Information

Part C4: Site information C4.1 Site information

C.1.4 The Employer’s agent is: Procurement Officer

Name: Mphoyakaomphile Ngwenya

Address: Ground Floor, Admin Building (eMendi)

N2, Neptune Road, off Klub Road

Port of Ngqura

Port Elizabeth, 6212

Tel No. 011 308 4044

E – mail [email protected]

http://www.cidb.org.za/





C.2.1 Only those tenderers who satisfy the following eligibility criteria are eligible to submit tenders:

1. Stage One - Eligibility concerning attendance at the compulsory clarification meeting.

An authorised representative of the tendering entity or a representative of a tenderer entity that intends

to form a Joint Venture (JV) must attend the compulsory clarification meeting in terms F.2.7.

Any tenderer that fails to meet the stipulated pre-qualifying criteria will be regarded as an

unacceptable tender.

2. Stage Two - Eligibility in terms of the Construction Industry Development Board:

a) Only those tenderers who are registered with the CIDB, or are capable of being so prior to the

evaluation of submissions, in a contractor grading designation equal to or higher than a contractor

grading designation determined in accordance with the sum tendered or a value determined in

accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations,

designation of 7SQ or 7CE or higher class of construction work, are eligible to have their tenders

evaluated.

b) Joint Venture (JV)

Joint ventures are eligible to submit tenders subject to the following:

1. every member of the joint venture is registered with the CIDB;

2. the lead partner has a contractor grading designation of 6SQ or 6CE or higher class of

construction work; and

3. the combined Contractor grading designation calculated in accordance with the Construction

Industry Development Regulations is equal to or higher than a Contractor grading designation

determined in accordance with the sum tendered for a 7SQ or 7CE or higher class of construction

work or a value determined in accordance with Regulation 25(1B) or 25(7A) of the Construction

Industry Development Regulations

4. The tenderer shall provide a certified copy of its signed joint venture agreement.



3. Stage Three- Sub-Contracting:

In an endeavour to grow and develop Black Owned (BO) companies as well as to ensure that Transnet

meets its Shareholder Compact Objectives, Potential Tenderers are required to meet the eligibility

criteria of Sub-contracting. Failure to meet this pre-qualification criterion will result in disqualification

of a tender response.

Transnet requires potential tenderers to:




• Subcontract 30% of the total value to EME or QSE with a minimum of 51% Black

ownership;

• Provide detailed information of the Sub-contractors including the details (BBBEE

certificate) of the 51% Black Ownership, Black Women Owned, and (Black Youth

Owned or Black Disabled Owned) of the Company/enterprise and fully complete

Returnable Schedule T2.2-03 Sub-contract commitment.



4. Stage Four- Local Production and Content in terms of the Preferential Procurement

Regulations, 2017:

Tenderers must properly complete, duly sign and submit returnable schedule T2.2-02, entitled

“Declaration Certificate for Local Production and Content (SBD 6.2 and Annexures C, D & E)”, committing

to meet the following stipulated minimum thresholds for local production and content for the following

designated sectors as determined by the Department of Trade and Industry (DTI):

100% for All Steel Products and Components

The exchange rate to be used for the calculation of local production and content must be the exchange

rate published by the South African Reserve Bank (SARB) at 12:00 on the date of the advertisement of the

tender. The rates of exchange quoted by the tenderer in paragraph 4.1 of returnable schedule T2.2-02…

(the Declaration Certificate for Local Production and Content for Designated Sectors) may be verified for

accuracy. Only the South African Bureau of Standards (SABS) approved technical specification number

SATS 1286:2011 must be used to calculate local content.

The SABS approved technical specification number SATS 1286:2011 and the Guidance on the Calculation

of Local Content together with the Local Content Declaration Templates [Annex C (Local Content

Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to Annex C) and

E (Local Content Declaration: Supporting Schedule to Annex C)] are accessible to all potential tenderers

on the DTI’s official website;

http://www.the dti.gov.za/industrial development/ip.jsp



5. Stage Five - Functionality:

Only those tenderers who obtain the minimum qualifying score for functionality will be evaluated further

in terms of price and the applicable preference point system. The minimum qualifying for score for

functionality is 60 points.




The evaluation criteria for measuring functionality and the points for each criteria and, if any, each sub-

criterion are as stated in F.3.11.3 below.



C.2.7 The arrangements for a compulsory clarification meeting are as stated in the Tender Notice and Invitation

to Tender. Tenderers must sign the attendance register. Addenda will be issued to and tenders will

be received only from those tendering entities including those the entities that intends forming a joint

venture appearing on the attendance register.

Tenderers are also required to bring their RFP document to the briefing session and have their

returnable document T2.2-01 certificate of attendance signed off by the Employer’s authorised

representative.

C.2.12 No alternative tender offers will be considered.

C.2.13.3 Parts of each tender offer communicated on paper shall be as an original, one (1) copy and a clearly

marked electronic version (compact disc or memory stick) in the same format as the original submission

which shall be in the English Language.

C.2.13.5

C2.15.1

The Employer’s details and address for delivery of tender offers and identification details that are to be

shown on each tender offer package are:

Location of tender box TRANSNET GROUP CAPITAL

Physical address: Ground Floor, Transnet Group Capital Offices

TNPA Admin Building (eMendi) N2, Neptune Road, Off Klub Road,

Port of Ngqura,

Port Elizabeth , 6212

Identification details: The tender documents must be submitted labelled with:

Name of Tenderer: (insert company name)

Contact person and details: (insert details)

The Tender Number: P.1127672-LS-C004

The Tender Description: The Construction of the New East Bank Perimeter Security Fencing.

Documents must be marked for the attention of: Mphoyakaomphile

Ngwenya

C.2.13.9 Telephonic, telegraphic, facsimile or e-mailed tender offers will not be accepted.

C.2.15 The closing time for submission of tender offers is:

Time: 12:00pm on the Tuesday, 11 February 2020

Location: Transnet Ground Floor, Transnet Group Capital Offices

Entrance foyer, TNPA Admin Building (eMendi),

N2 Neptune Road, Off Klub Road,

Port of Ngqura

Port Elizabeth

6212

NO LATE TENDERS WILL BE ACCEPTED




C.2.16 The tender offer validity period is 12 weeks after the closing date. Tenderers are to note that they may

be requested to extend the validity period of their tender, at the same terms and conditions, if Transnet’s

internal evaluation process has not been finalised within the validity period.

C.2.23 The tenderer is required to submit with his tender:

1. A valid Tax Clearance Certificate issued by the South African Revenue Services. Tenderers also to

provide Transnet with a TCS PIN to verify Tenderers compliance status.

2. A valid B-BBEE Certificate from a Verification Agency accredited by the South African Accreditation

System [SANAS], or a sworn affidavit confirming annual turnover and level of black ownership in case

of all EMEs and QSEs with 51% black ownership or more together with the bid;

3. A valid CIDB certificate in the correct designated grading;

4. Proof of registration on the Central Supplier Database;

5. Certified Letter of Good Standing with the Workmen’s compensation fund.

Note: Refer to Section T2.1 for List of Returnable Documents

C3.4 The time and location for opening of the offers are after the opening submissions at the venue as stated

in F.2.15.

C3.11.1 The minimum number of evaluation points for functionality is: 60

The procedure for the evaluation of responsive tenders is Functionality:

Only those tenderers who attain the minimum number of evaluation points for Functionality

will be eligible for further evaluation, failure to meet the minimum threshold will result in the

tender being disqualified and removed from any further consideration.

Functionality Criteria

The functionality criteria and maximum score in respect of each of the criteria are as follows:

(Please see CIDB Compiler guidance note T1.2 – Tender Data).

Quality Criteria

Sub-Criteria

Sub-Criteria Point

Allocation

Maximum number of points

T2.2-05

Programme

The following information is required as a minimum on a programme submitted for evaluation:

10

Ability to execute the works in terms of the Employer’s requirements, indicating the order and timing of the construction activities that will take place in order to provide the works.

1

All activities to be logically tied using critical path method (CPM).

1

Realistic durations backed with anticipated production rates and equipment required.

1

At a minimum a level 4 detail project programme is developed electronically for tendering purposes and can be presented in any planning tool, for execution strictly Primavera level 4.

1

The level of detail on the schedule should include, but not limited to Key Milestones, Engineering Designs (if

1




applicable), Procurement Activities, Vendor Design, Manufacturing, Delivery, Pre-Construction Activities, Construction, Pre-Commissioning, Commissioning and Close Out Activities.

The starting date, access dates, key dates and completion date, planned completion, the order and timing of the operations which the Contractor plans to do in order to provide the works.

1

Includes duration of all preliminary works required prior to mobilising on site including documentation preparation (starting from contract award date), includes anticipated site mobilisation date.

1

Curriculum Vitae of a Planner.

1

The Tenderer to submit a schedule narrative which explains the schedule development, exclusions and assumptions applied on the schedule. This should include the bases used on production rates applied on the schedule.

2

T2.2-06 Management and CV’s of Key persons

The tender must be able to demonstrate that the project personnel have sufficient knowledge, experience and qualifications to provide the required service.

15

Submit the following documents as a minimum with

your tender document.

An organisation chart showing on-site and off-site

management (including the key people you have

identified in the Contract Data Part two and identify the

required legal appointments). Details of the location

(and functions) of offices from which the works will be

managed. Details of the experience of the staff who

will be working on the works with respect to:

(Working with the NEC3 Engineering and Construction

Contract Option chosen for this contract. If staff

experience of these matters is limited, an indication of

relevant training that they have attended would be

helpful).

3

Key personnel should include at least, amongst

others:

Project Manager 3

Construction Manager 3

Civil Engineer 3

Health and Safety officer 3

T2.2-07

Quality Plan

Tenderers should submit a complete and comprehensive Quality Plan that demonstrates the following:

10

Project Quality Plan for the contract SHALL cover project scope and be aligned to ISO 9001:2008/2015 requirements.

2

Valid ISO 9001 certification (certified). If a joint venture, any certificate will be accepted.

1

Index or list of quality management system procedures including a list of method statements to be used during the contract.

1

CV’s, qualifications and experience of Quality Officer/Personnel on site as shown on the

2




organogram (relevant quality qualification/ISO certificates must also be attached). NB: ISO 9001:2008/2015 Certificate (Either implementation or auditing).

Project specific Quality Control Plan (For each discipline, i.e. Civil, Mechanical, Electrical, etc.)

2

Proposed Project specific Quality data book index. 1

T2.2-08

Environmental Management Plan

Tenderers should submit a complete project specific Environmental Submission that includes the following:

15

The tenderer must provide evidence of how their Environmental Management System (EMS) will ensure conformance to the Project CEMPr and Environmental Authorisation requirements.

3

The tenderer must provide an environmental policy signed by Top Management which as minimum: Is appropriate given the purpose and context of

the tenderer’s business Includes a commitment to fulfil the tenderer’s

environmental compliance (legal) obligations Includes a commitment to the protection of the

environment, including prevention of pollution Provides framework for setting environmental

objectives Includes a commitment to continual improvement

of their EMS.

1

1 1

1 1

The tenderer must provide an Organisational Chart depicting key environmental staff and the chart must be accompanied by CV’s showing staff competencies, experience and qualifications relevant to project environmental management functions.

2

The tenderer must provide a list of projects where environmental duties of a similar nature have been executed including a brief description of such duties

together with client reference contact details.

3

The tenderer is to sign the declaration of understanding (refer to T2.2–08b.) acknowledging understanding thereof and the budget provision for the implementation of environmental management requirements.

2

T2.2 -09 Health and Safety

Tenderers should note that they will be scored on the level of quality and relevant content pertaining to this Scope of Works:

15




1. The Tenderer must provide their Contract specific health and safety plan addressing the requirements of TGC health and safety specification and include the following documents:

Safety, Health & Environmental Company Policy signed by the accounting officer. List the five elements -

Commitment to Safety, prevention of pollution,

Continual improvement, Compliance to legal requirements,

appropriate to the nature of contractor’s activities,

Hold management accountable for development of the safety systems

Include objectives and targets.

1

2. Roles and responsibilities of legal appointees

a) In terms of OHSA 85 of 1993 and its Regulations. I. S16.1 CEO,

II. S16.2 Assistant to CEO, III. CR8.1 Construction manager, IV. CR8.2 Assistant Construction manager, V. CR8.5 Construction Health & Safety officer,

VI. CR8.7 Construction Supervisor, VII. CR8.8 Construction assistant supervisor,

VIII. CR9.1 Risk Assessor IX. Construction Health & Safety Manager

b) In terms of Project and Construction Management Professional Act 48 of 2000

I. Construction Manager

3

List of job categories for project and competencies required per category and develop a training Matrix for all employees who will be working on the project. This matrix must include Management and highlight training planned dates.

1

Overview of the tenderer’s Risk Assessment methodology, and submission of risk assessments indicating major activities of the project namely, but not limited to site clearance; preparation of excavations; concrete formwork and reinforcement; manufacturing and galvanizing of palisade fencing and gates; installation of poles, fencing and gates

2

Submission of completed cost breakdown sheet. 2

Complete and return with tender documentation the Contractor Safety Questionnaire with supporting documentation included as an Annexure.

5




T 2.2-10 Previous Experience

Tenderers are required to demonstrate their

experience in the delivery of similar works, and to this

end shall supply a sufficiently detailed reference list

with contact details of existing customers, Letters of

award for each project, Interim payments for each

project, Completion certificates from customers if the

work is complete, and also demonstrate their overall

experience in the delivery of similar works. The

tenderer must demonstrate their relevant experience

with regards to:

7

15

Excavations 2

Concrete, Formwork and Reinforcement 2

Manufacturing and Galvanising 2

Installation of Poles, Fencing and Gates 2

T2.2-11 Method Statement

Tenderers are to submit a project specific Method Statement highlighting the categories below:

20

A detailed technical method statement is required covering the construction method and sequence of all aspects of the works to enable the Employer to assess the impact of the Contractor’s methods with regard to constructability, practicality, quality, health, safety, risk and the environment.

4

As a minimum the detailed technical method statement should include:

Prepare Excavations 4

Concrete, Formwork and Reinforcement 4

Manufacturing and Galvanising 4

Installation of Poles, Fencing and Gates 4

Maximum possible score for quality 100

Functionality shall be scored independently by not less than 3 (three) evaluators and averaged in

accordance with the following schedules:

T2.2-05 Programme

T2.2- 06 Project Organogram, Management & CVs of Key Persons

T2.2- 07 Quality Management

T2.2- 08 Environmental Management

T2.2- 09 Health and Safety Requirements

T2.2- 10 Previous Experience

T2.2- 11 Method Statement

Each evaluation criteria will be assessed in terms of scores of 0, 20, 40, 60, 80 or 100 (linear scale, more

suitable for NEC3, ECC (construction related procurement). The scores of each of the evaluators will be

averaged, weighted and then totalled to obtain the final score for functionality, unless scored collectively.

(See CIDB Inform Practice Note #9).

Note: Any tender not complying with the above mentioned requirements, will be regarded

as non-responsive and will therefore not be considered for further evaluation. This note

must be read in conjunction with Clause F.2.1.




C.3.11. Only tenders that achieve the minimum qualifying score for functionality will be evaluated further in

accordance with the 80/20 or 90/10 preference points systems as described in Preferential Procurement

Regulations 6 and 7.

80 where the financial value of one or more responsive tenders received have a value equal to or below

R50 million, inclusive of all applicable taxes,

and/or

90 where the financial value of one or more responsive tenders received have a value equal to or above

R50 million, inclusive of all applicable taxes.

Up to 100 minus W1 tender evaluation points will be awarded to tenderers who complete the preferencing

schedule and who are found to be eligible for the preference claimed. Should the BBBEE rating not

be provided, tenderers with no verification will score zero points for preferencing.

Note: Transnet reserves the right to carry out an independent audit of the tenderers scorecard

components at any stage from the date of close of the tenders until completion of the contract.

C.3.13 Tender offers will only be accepted if:

1. The tenderer or any of its directors/shareholders is not listed on the Register of Tender

Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a

person prohibited from doing business with the public sector;

2. the tenderer does not appear on Transnet’s list for restricted tenderers and National Treasury’s

list of Tender Defaulters;

3. Transnet reserves the right to award the tender to the tenderer who scores the highest number

of points overall, unless there are objective criteria which will justify the award of the tender to

another tenderer. Objective criteria include but are not limited to the outcome of a due diligence

exercise to be conducted. The due diligence exercise may take the following factors into account

inter alia;

The tenderer:

a) is not under restrictions, or has principals who are under restrictions, preventing participating

in the employer’s procurement,

b) can, as necessary and in relation to the proposed contract, demonstrate that he or she

possesses the professional and technical qualifications, professional and technical competence,

financial resources, equipment and other physical facilities, managerial capability, reliability,

experience and reputation, expertise and the personnel, to perform the contract,

c) has the legal capacity to enter into the contract,

d) is not insolvent, in receivership, under Business Rescue as provided for in chapter 6 of the

Companies Act, 2008, bankrupt or being wound up, has his affairs administered by a court or a

judicial officer, has suspended his business activities, or is subject to legal proceedings in respect

of any of the foregoing,

e) complies with the legal requirements, if any, stated in the tender data and

f) is able, in the option of the employer to perform the contract free of conflicts of interest.

C.3.17 The number of paper copies of the signed contract to be provided by the Employer is 1 (one).


Page 1 Part C1.1. Form of Offer & Acceptance 2019 Rev 03

C1.1 Form of Offer & Acceptance

Offer The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract for

the procurement of:

THE CONSTRUCTION OF THE NEW EAST BANK PERIMETER SECURITY FENCING

The tenderer, identified in the Offer signature block, has examined the documents listed in the Tender Data

and addenda thereto as listed in the Returnable Schedules, and by submitting this Offer has accepted the Conditions of Tender.

By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer

and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Contractor under

the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the

Contract Data.

The offered total of the Prices exclusive of VAT is R

Value Added Tax @ 15% is R

The offered total of the Prices inclusive of VAT is R

(in words)

This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and

Acceptance and returning one copy of this document including the Schedule of Deviations (if any) to the

tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed, whereupon the tenderer becomes the party named as the Contractor in the conditions of contract identified

in the Contract Data.

Signature(s)

Name(s)

Capacity

For the

tenderer:

Name &

signature of witness

(Insert name and address of organisation)

Date

Tenderer’s CIDB registration number:



Acceptance

By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in

accordance with the conditions of contract identified in the Contract Data. Acceptance of the tenderer’s Offer shall form an agreement between the Employer and the tenderer upon the terms and conditions

contained in this agreement and in the contract that is the subject of this agreement.Contractor

The terms of the contract, are contained in:

Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Works Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the above

listed Parts.

Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto

listed in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations

attached to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from

said documents are valid unless contained in this Schedule.

The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of Deviations (if any), contact the Employer’s agent (whose details are given in the Contract Data) to

arrange the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the Contract Data at, or just after, the date

this agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms

shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any).

Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this agreement, this agreement

shall constitute a binding contract between the Parties.

Signature(s)

Name(s)

Capacity

for the

Employer

Transnet SOC Ltd

Name &



Date



Schedule of Deviations Note:

1. To be completed by the Employer prior to award of contract. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the Parties and is not the result of a process of competitive tendering.

2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender.

3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here and the final draft of the contract documents shall be revised to incorporate the effect of it.

No. Subject Details

1

2

3

By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the

tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as

any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer

during this process of Offer and Acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed

copy of this Form shall have any meaning or effect in the contract between the parties arising from this

Agreement.

For the tenderer:

For the Employer

Signature

Name

Capacity

On behalf of



Transnet SOC Ltd

Name &


Date

TRANSNET SOC LIMITED CONTRACT NUMBER: P. 1127672-LS-C004

DESCRIPTION OF THE WORKS: THE CONSTRUCTION OF THE NEW EAST BANK PERIMETER SECURITY

FENCING.

PAGE 1 Part C1: Contract Data 2019 – Rev 03 Contract Data provided by the Contractor

C1.2 Contract Data

Part one - Data provided by the Employer

Clause Statement Data

1 General

The conditions of contract are the

core clauses and the clauses for main

Option

B: Priced contract with bill of quantities

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X2: Changes in the law

X7: Delay damages

X13: Performance Bond

X16: Retention

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Engineering and

Construction Contract June 2005

(amended June 2006 and April 2013)

10.1 The Employer is: Transnet SOC Ltd

(Registration No. 1990/000900/30)

Address

Having elected its Contractual

Address for the purposes of this

contract as:

Registered address:

Transnet Corporate Centre

Waterfall Business Estate

9 Country Estate Drive

Midrand

1662

Transnet Group Capital

N2 Neptune Road

TNPA Admin Building

Port of Ngqura

Port Elizabeth

6001



FENCING.


10.1 The Project Manager is: (Name) Thomas Vorster

Address N2 Neptune Road

TNPA Admin Building

Port of Ngqura

Port Elizabeth

Tel 0415078625

e-mail [email protected]

10.1 The Supervisor is: (Name) Yandisa Siralarala

Address N2 Neptune Building

TNPA Admin Building

Port of Ngqura

Tel No. 041 507 8633

e-mail [email protected]

11.2(13) The works are The Construction of the New East Bank Perimeter

Security Fencing.

11.2(14) The following matters will be included

in the Risk Register

None

11.2(15) The boundaries of the site are As stated in Part C4.1.”Description of the Site and

it surroundings”

11.2(16) The Site Information is in Part C4

11.2(19) The Works Information is in Part C3

12.2 The law of the contract is the law of the Republic of South Africa subject to the

jurisdiction of the Courts of South Africa.

13.1 The language of this contract is English

13.3 The period for reply is 2 weeks

2 The Contractor's main

responsibilities

No additional data is required for this section of

the conditions of contract.

3 Time

11.2(3) The completion date for the whole of

the works is

02 September 2020

11.2(9) The key dates and the conditions to

be met are:

Condition to be met key date

1





FENCING.


31.1 The Contractor is to submit a first

programme for acceptance within

2 weeks of the Contract Date.

31.2 The starting date is 02 April 2020

32.2 The Contractor submits revised

programmes at intervals no longer

than

2 weeks.

35.1 The Employer is not willing to take

over the works before the Completion

Date.

4 Testing and Defects

42.2 The defects date is 52 (fifty two) weeks after Completion of the

whole of the works.

43.2 The defect correction period is 2 weeks

5 Payment

50.1 The assessment interval is monthly

on the

25th (twenty fifth) day of each successive month.

51.1 The currency of this contract is the South African Rand.

51.2 The period within which payments

are made is

Payment will be effected on or before the last day

of the month following the month during which a

valid Tax Invoice and Statement were received.

51.4 The interest rate is the prime lending rate of Standard Bank of South

Africa.

6 Compensation events

60.1(13) The weather measurements to be

recorded for each calendar month

are,

the cumulative rainfall (mm)

the number of days with rainfall more than 10 mm

the number of days with minimum air

temperature less than 0 degrees Celsius

the number of days with snow lying at 08:00

hours South African Time

and these measurements:

The place where weather is to be

recorded (on the Site ) is:

The Contractor’s Site establishment area



FENCING.


The weather data are the records of

past weather measurements for each

calendar month which were recorded

at:

Port Elizabeth

and which are available from: South African Weather Service 012 367 6023 or

[email protected].

7 Title No additional data is required for this section of

the conditions of contract.

8 Risks and insurance

80.1 These are additional Employer's risks None

84.1

The Employer provides these

insurances from the Insurance Table

1 Insurance against: Loss of or damage to the works, Plant and

Materials is as stated in the Insurance policy for

Contract Works/ Public Liability.

Cover / indemnity: to the extent as stated in the insurance policy for

Contract Works / Public Liability

The deductibles are: as stated in the insurance policy for Contract

Works / Public Liability

2 Insurance against: Loss of or damage to property (except the works,

Plant and Materials & Equipment) and liability for

bodily injury to or death of a person (not an

employee of the Contractor) arising out of or in

connection with the performance of the

Contract as stated in the insurance policy for

Contract Works / Public Liability

Cover / indemnity Is to the extent as stated in the insurance policy

for Contract Works / Public Liability

The deductibles are as stated in the insurance policy for Contract


3 Insurance against: Loss of or damage to Equipment (Temporary

Works only) as stated in the insurance policy for

contract Works and Public Liability

Cover / indemnity Is to the extent as stated in the insurance policy

for Contract Works / Public Liability




FENCING.


The deductibles are: As stated in the insurance policy for Contract


4 Insurance against: Contract Works SASRIA insurance subject to the

terms, exceptions and conditions of the SASRIA

coupon

Cover / indemnity Cover / indemnity is to the extent provided by the

SASRIA coupon

The deductibles are The deductibles are, in respect of each and every

theft claim, 0,1% of the contract value subject to

a minimum of R2 500 and a maximum of R25 000.

Note: The deductibles for the insurance as stated above

are listed in the document titled “Confirmation of

Insurance: Transnet (SOC) Limited Principal

Controlled Insurance” appended to Part One of

this Contract Data (Data Provided by the

Employer).

84.1

The minimum limit of indemnity for

insurance in respect of death of or

bodily injury to employees of the

Contractor arising out of and in the

course of their employment in

connection with this contract for any

one event is

The Contractor must comply at a minimum with

the provisions of the Compensation for

Occupational Injuries and Diseases Act No. 130 of

1993 as amended.

The Contractor provides these

additional Insurances

1 Where the contract requires that the design of

any part of the works shall be provided by the

Contractor the Contractor shall satisfy the

Employer that professional indemnity

insurance cover in connection therewith has

been affected

2 Where the contract involves manufacture,

and/or fabrication of Plant & Materials,

components or other goods to be incorporated

into the works at premises other than the site,

the Contractor shall satisfy the Employer that

such plant & materials, components or other

goods for incorporation in the works are

adequately insured during manufacture

and/or fabrication and transportation to the

site.



FENCING.


3 Should the Employer have an insurable

interest in such items during manufacture,

and/or fabrication, such interest shall be noted

by endorsement to the Contractor’s policies of

insurance as well as those of any

subContractor

4 Motor Vehicle Liability Insurance comprising

(as a minimum) "Balance of Third Party" Risks

including Passenger and Unauthorised

Passenger Liability indemnity with a minimum

indemnity limit of R 5 000 000.

5 Marine Craft Hull insurance in respect of all

marine craft or vessels utilised in performance

of the Works for a sum sufficient to provide for

their replacement

6 Protection and Indemnity Insurance in respect

of all marine craft or vessels utilised in

performance of the Works extended for

Specialist Operations with a minimum

indemnity limit of R 20,000,000

7 The insurance coverage referred to in 1, 2, 3,

4, 5 and 6 above shall be obtained from an

insurer(s) in terms of an insurance policy

approved by the Employer. The Contractor

shall arrange with the insurer to submit to the

Project Manager the original and the

duplicate original of the policy or policies of

insurance and the receipts for payment of

current premiums, together with a certificate

from the insurer or insurance broker

concerned, confirming that the policy or

policies provide the full coverage as required.

The original policy will be returned to the

Contractor.

84.2 The minimum limit of indemnity for

insurance in respect of loss of or

damage to property (except the

works, Plant, Materials and

Equipment) and liability for bodily

injury to or death of a person (not an

employee of the Contractor) caused

by activity in connection with this

contract for any one event is

Whatever the Contractor requires in addition

to the amount of insurance taken out by the

Employer for the same risk.



FENCING.


84.2 The insurance against loss of or

damage to the works, Plant and

Materials as stated in the insurance

policy for contract works and public

liability selected from:

Principal Controlled Insurance policy for

Contract OR Project Specific Insurance for the

contract

9 Termination There is no additional Contract Data required for

this section of the conditions of contract.

10 Data for main Option clause

B Priced contract with Bill of

Quantities

No additional data is required for this Option.

60.6 The method of measurement is The Bill of Quantities have been measured in

accordance with CESMM3 (Civil Engineering

Standard Method of Measurement 3) unless

indicated otherwise.

11 Data for Option W1

W1.1 The Adjudicator is Both parties will agree as and when a dispute

arises. If the parties cannot reach an agreement

on the Adjudicator, the chairman of the

Association of Arbitrators will appoint an

Adjudicator.

W1.2(3) The Adjudicator nominating body is: The Chairman of the Association of Arbitrators

(Southern Africa)

If no Adjudicator nominating body is

entered, it is:

the Association of Arbitrators (Southern Africa)

W1.4(2) The tribunal is: Arbitration

W1.4(5) The arbitration procedure is The Rules for the Conduct of Arbitrations of the

Association of Arbitrators (Southern Africa)

The place where arbitration is to be

held is

Port Elizabeth, South Africa

The person or organisation who will

choose an arbitrator

- if the Parties cannot agree a

choice or

- if the arbitration procedure does

not state who selects an

arbitrator, is

The Chairman of the Association of Arbitrators

(Southern Africa)

12 Data for secondary Option

clauses



FENCING.


X2 Changes in the law No additional data is required for this Option

X7 Delay damages

X7.1 Delay damages for Completion of the

whole of the works are

R 20 000.00 per day

X13 Performance bond

X13.1 The amount of the performance bond

is

5% of the total of the Prices

X16 Retention

X16.1 The retention free amount is

The retention percentage is

NIL

10% on all payments certified.

X18 Limitation of liability

X18.1

X18.2

X18.3

X18.4

X18.5

The Contractor’s liability to the

Employer for indirect or

consequential loss is limited to:

For any one event, the Contractor’s

liability to the Employer for loss of or

damage to the Employer’s property

is limited to:

The Contractor’s liability for Defects

due to his design which are not

listed on the Defects Certificate is

limited to:

The Contractor’s total liability to the

Employer for all matters arising

under or in connection with this

contract, other than excluded

matters, is limited to:

The end of liability date is

Nil

The deductible of the relevant insurance policy

The cost of correcting the Defect

The Total of the Prices

5 years after Completion of the whole of the

works

Z Additional conditions of contract

The additional conditions of contract

are:

Z.1

Obligations in respect of

Subcontracting



FENCING.


Z1.1 It will be a material term of this contract that the

Contractor must subcontract a minimum of 30% of the

value of the contract.

Z1.2

The Contractor’s Subcontracting percentage as

indicated in the tender submission Returnable T.2.2-03

will constitute a binding agreement throughout the

duration of the contract until Completion, if not, it will

be deemed that the Contractor has failed in full to meet

the material term of the contract, which may constitute

a reason for termination.

Z1.3 The Contractor shall report to the Employer on a

monthly basis during the term of the Contract, the

amounts spent on each sub-Contractor.

Z1.4 The Contractor shall provide to the Employer, upon

receiving an instruction to do so, any documentation

and/or evidence required by the Employer which in the

Employer’s opinion would be necessary to verify

whether the Contractor has maintained the

subcontracting percentage. The Contractor shall

provide the said documentation and/or evidence within

the period stated in the instruction. The provision of the

documentation and/or evidence shall not constitute a

compensation event.

Z2

Additional clause relating to

Performance Bonds and/or

Guarantees

Z2.1

The Performance Guarantee under X13 above shall be

an irrevocable, on-demand performance guarantee, to

be issued exactly in the form of the Pro Forma

documents provided for this purpose under C1.3

(Forms of Securities), in favour of the Employer by a

financial institution reasonably acceptable to the

Employer.

Z3

Obligations in respect of Joint

Venture Agreements



FENCING.


Z3.1 Insert the additional core clause 27.5

27.5. In the instance that the Contractor is a joint

venture, the Contractor shall provide the Employer with

a certified copy of its signed joint venture agreement,

and in the instance that the joint venture is an

‘Incorporated Joint Venture,’ the Memorandum of

Incorporation, within 4 (four) weeks of the Contract

Date.

The Joint Venture agreement shall contain but not be

limited to the following:

A brief description of the Contract and the

Deliverables;

The name, physical address, communications

addresses and domicilium citandi et executandi

of each of the constituents and of the Joint

Venture;

The constituent’s interests;

A schedule of the insurance policies, sureties,

indemnities and guarantees which must be

taken out by the Joint Venture and by the

individual constituents;

Details of an internal dispute resolution

procedure;

Written confirmation by all of the constituents:

i. of their joint and several liabilities to

the Employer to Provide the Works;

ii. identification of the lead partner in the

joint venture confirming the authority

of the lead partner to bind the joint

venture through the Contractor’s

representative;

iii. Identification of the roles and

responsibilities of the constituents to

provide the Works.

Financial requirements for the Joint Venture:

i. the working capital requirements for the

Joint Venture and the extent to which and

manner whereby this will be provided

and/or guaranteed by the constituents

from time to time;

the names of the auditors and others, if any,

who will provide auditing and accounting

services to the Joint Venture



FENCING.


Z3.2

Insert additional core clause 27.6

27.6. The Contractor shall not alter its composition or

legal status of the Joint Venture without the prior

approval of the Employer.

Z4 Additional obligations in respect

of Termination

Z4.1 The following will be included under core clause 91.1:

In the second main bullet, after the word ‘partnership’

add ‘joint venture whether incorporate or otherwise

(including any constituent of the joint venture)’ and

Under the second main bullet, insert the following

additional bullets after the last sub-bullet:

commenced business rescue proceedings

(R22)

repudiated this Contract (R23)

Z4.2 Termination Table The following will be included under core clause 90.2

Termination Table as follows:

Amend “A reason other than R1 – R21” to “A reason

other than R1 – R23”

Z4.3

Amend “R1 – R15 or R18” to “R1 – R15, R18, R22 or

R23.”

Z5 Local Content Obligations (If

applicable)

Z5.1 In terms of Local Production and Content (SBD 6.2),

Annexure A and Annexure C of the Returnable Schedule

T2.2- 04 Eligibility Criteria Schedule: Declaration

Certificate of Local Production and Content, the

Contractor has undertaken to fulfil its obligations of the

Local Production and Content for the following

designated sectors: 1. 100% for all Steel Products

and Components.



FENCING.


Z5.2 The Contractor is required to note that the Employer,

the Department of Trade and Industry [DTI] and/or the

body appointed by the DTI as the verification authority

for local content may conduct compliance audits with

regard to the Local Production and Content

requirements as prescribed in Regulation 8 of the

Preferential Procurement Regulations, 2017 issued in

terms of the Preferential Procurement Policy

Framework Act no. 5 of 2000.

Z5.3 The Contractor is required to continuously update

Declarations C, D and E of the Local Production and

Content Declaration commitments with the actual local

content values for the duration of the contract. The

Contractor shall report to the Employer on a monthly

basis during the term of the Contract, the amounts

spend on Local Content and Production for the

designated sectors for the duration of the contract.

Z5.4 Breach of Local Production and Content commitments

provides the Employer cause to terminate the contract

for non-compliance.

Z5.5 Non-Compliance Penalties for

Local Production and Content

The Contractor must refer to Schedule A attached to

this Contract Data with regards to non-compliance

penalties applicable to Local Production and Content.

Z6 Right Reserved by the Employer

to Conduct Vetting through SSA

Z6.1 The Employer reserves the right to conduct vetting

through State Security Agency (SSA) for security

clearances of any Contractor who has access to

National Key Points for the following without

limitations:

1. Confidential – this clearance is based on any

information which may be used by malicious,

opposing or hostile elements to harm the

objectives and functions of an organ of state.

2. Secret – clearance is based on any information

which may be used by malicious, opposing or

hostile elements to disrupt the objectives and

functions of an organ of state.

3. Top Secret – this clearance is based on

information which may be used by malicious,

opposing or hostile elements to neutralise the

objectives and functions of an organ of state.



FENCING.


Z7 Additional Clause Relating to

Collusion in the Construction

Industry

The contract award is made without prejudice to any

rights the Employer may have to take appropriate

action later with regard to any declared bid rigging

including blacklisting.

Z8 Protection of Personal

Information Act

The Employer and the Contractor are required to

process information obtained for the duration of the

Agreement in a manner that is aligned to the Protection

of Personal Information Act.

Z.9

Obligations in respect of Supplier

Development Programme (SDP)

Z9.1 It will be a material term of this contract that the

Contractor contributes to the Supplier Development

Programme promoted by the Department of Public

Enterprises of the Government of South Africa, as

applied by the Employer. In response to this

requirement, the Contractor undertakes to implement

the Supplier Development (SD) initiatives as per the

Contractor’s Supplier Development Plan. Breach of

Contractor’s Supplier Development Plan provides the

Employer cause to terminate the contract for non-

compliance.

Z9.2

The Contractor’s SD Plan constitutes an offer to

perform all its SD commitments dentified by the SD

Milestone Dates, indicated in Returnable Schedule

T2.2-28: Supplier Development Plan - Annexure B, and

will constitute a binding agreement.

Z9.3 In order to prevent any doubt, the Contractor’s SD

obligations shall not constitute a separate activity in the

activity schedule/Bill of Quantities. The value of the

Contractor’s SD commitments shall be included in the

total of the Prices to Provide the Works. No specific

payment for SD will therefore be made by the

Employer.

Z9.4 The milestones for the implementation of SD targets

will be every (TBC) months after Contract Date. The

Employer will verify the exact dates, constituting the

milestones for SD, by instruction after Contract

Date. This instruction will not constitute a

compensation event. The Contractor shall in its SD

Plan state the Condition (completed value of its total

SD commitment) to be met by each SD Milestone Date

(every TBC months).



FENCING.


Z9.5 The Contractor shall provide Employer with Supplier

Development Implementation Plan within 20 days from

the signature date of the Contract setting out the

nature, extent and monetary value of the Contractor’s

commitments which the Contractor shall undertake, as

well as the mechanisms to allow for access to

information and verification of the Contractor’s

compliance with the Implementation Plan, as shall be

agreed with the Employer. The Contractor shall deliver

and action its SD commitments as outlined in the SD

Implementation Plan, which progress will be reported

by the Contractor to the Employer on a monthly basis

during the term of the Contract.

Z9.6 The Contractor shall provide to the Employer, upon

receiving an instruction to do so, any documentation

and/or evidence required by the Employer which in the

Employer’s opinion would be necessary to verify

whether the Contractor has met the Condition of any

SD Milestone. The Contractor shall provide the said

documentation and/or evidence within the period

stated in the instruction. Where the Contractor fails to

provide the documentation and/or evidence within the

period stated, it will be deemed that the Contractor has

failed in full to meet the Condition of the SD Milestone

Date in question. The provision of the documentation

and/or evidence shall not constitute a compensation

event.

Z9.7 If the Contractor fails to achieve any SD milestone

Condition, the Contractor shall be liable and pay to the

Employer a non-compliance penalty to the value of the

full outstanding amount each SD milestone Date

Condition not fully met.

Z9.8

The Contractor shall pay the amount due under this

clause within 10 days after receipt of an invoice from

the Employer, failing which the Employer shall, without

prejudice to any other rights of the Employer under this

Agreement, be entitled to deduct this amount not paid

by the Contractor from the next assessment of the

amount as certified by the Project Manager.



FENCING.


C1.2 Contract Data

Part two - Data provided by the Contractor

The tendering Contractor is advised to read both the NEC3 Engineering and Construction Contract - June 2005

(with amendments June 2006 and April 2013) and the relevant parts of its Guidance Notes (ECC3-GN) in order

to understand the implications of this Data which the tenderer is required to complete. An example of the

completed Data is provided on pages 156 to 158 of the ECC3 Guidance Notes.

Completion of the data in full, according to Options chosen, is essential to create a complete contract.

Clause Statement Data

10.1 The Contractor is (Name):

Address

Tel No.

Fax No.

11.2(8) The direct fee percentage is %

The subcontracted fee percentage is %

11.2(18) The working areas are the Site and

24.1 The Contractor's key persons are:

1 Name:

Job:

Responsibilities:

Qualifications:

Experience:

2 Name:

Job

Responsibilities:

Qualifications:

Experience:

CV's (and further key persons data including

CVs) are appended to Tender Schedule

entitled.

11.2(14) The following matters will be included in

the Risk Register



FENCING.


31.1 The programme identified in the Contract

Data is

B Priced contract with bill of quantities

11.2(21) The bill of quantities is in

11.2(31) The tendered total of the Prices is (in figures)

(in words), excluding VAT

Data for Schedules of Cost

Components

Note “SCC” means Schedule of Cost Components

starting on page 60 of ECC, and “SSCC” means

Shorter Schedule of Cost Components starting on

page 63 of ECC.

B Priced contract with bill of quantities Data for the Shorter Schedule of Cost

Components

41 in

SSCC

The percentage for people overheads is: %

21 in

SSCC

The published list of Equipment is the last

edition of the list published by

The percentage for adjustment for

Equipment in the published list is

% (state plus or minus)

22 in

SSCC

The rates of other Equipment are: Equipment Size or

capacity

Rate

61 in

SSCC

The hourly rates for Defined Cost of

design outside the Working Areas are

Category of employee

Hourly rate

62 in

SSCC

The percentage for design overheads is %

63 in

SSCC

The categories of design employees

whose travelling expenses to and from the

Working Areas are included in Defined

Cost are:



FENCING.


Schedule A – Non-compliance for Local Content

Non-compliance Penalties for Local Content:

a) If for any reason the Contractor is unable to achieve the local content undertaking, the

Contractor must approach the Department of Trade and Industry (“DTI”) to obtain exemption

in order to supply the goods at a lower local content threshold. The Contractor is obliged to

approach DTI for exemption within 10 (ten) days of determining that it is unable to achieve

any milestone target or local content threshold.

b) Should the DTI provide exemption, the Contractor shall be entitled to provide the goods at

the lower local content threshold set by DTI. In such event, the Parties shall in good faith

renegotiate the milestone targets or local content undertaking to ensure that the lowered local

content thresholds are achieved.

c) Should DTI not provide the necessary exemption, the Contractor shall be obliged to meet each

milestone target as stated in the Local Content Plan or the local content undertaking.

d) Should the Contractor fail to meet any milestone target or the local content undertaking, the

following remedies shall apply without limiting any of the Employer’s other rights in law:

i. The Employer shall afford the Contractor a period of thirty (30) days to remedy its

non-compliance.

ii. Should the Contractor fail to meet its obligations within the further 30 day period, the

Contractor shall pay a Non-Compliance penalty (“Non-compliance Penalty”) to the

Employer in respect of such Non-compliance as set out in clause iv below. The

penalties shall be imposed per milestone measurement for non-delivery of committed

values in the case of a Local Content Plan or shall be imposed against the non-delivery

of committed values where local content undertakings must be met immediately.

iii. To the extent that the Actual Local Content Spend1 is lower than the Required Local

Content Spend2 (or the Adjusted Required Local Content Spend3, as the case may

be), the Contractor shall be liable for Penalties which is the difference in value between

the Actual Local Content Spend and the Required Local Content Spend (or the

Adjusted Required Local Content Spend, as the case may be) plus an additional

percentage of such difference. Such Non-compliance Penalties shall be calculated and

levied at the relevant milestones as stipulated in the Local Content Plan or shall be

imposed against the non-delivery of committed values where local content

undertakings must be met immediately, in accordance with clause iv below.

iv. Non-compliance penalties shall apply at the following rate: the difference in value

between the Required Local Content Spend and the Actual Local Content Spend, plus

5% of such difference.

v. In order to guarantee that the Contractor meets its obligations in terms of the Local

Content Plan or its committed local content undertaking, the Employer shall be entitled

to retain a Non-compliance Penalty at the rate of 1% of every monthly payment due

by the Employer to the Contractor over the contract period (“the Local Content

1 Actual Local Content Spend means the monetary value of local content initiatives actually delivered by the Supplier during the

period under review. 2 Required Local Content Spend means the monetary value of local content obligations that the Supplier has agreed to deliver

during the period under review. 3 Adjusted Required Local Content Spend means any adjustment to the Required Local Content Spend as prescribed by DTI

through the process of exemption referred to in clause c) above and as agreed to between the parties, reduced to writing and signed by the parties.



FENCING.


Retention Amount”). The Local Content Retention Amount shall be set off against any

penalties payable by the Contractor at any milestone assessment.

e) Should no penalties be imposed during the duration of the contract, the Employer shall refund

the full value of the Local Content Retention Amount to the Contractor at the end of the

contract period.

f) Should any unpaid penalties remain at the end of the contract period, then without limiting

other rights that the Employer may have in law, the Contractor shall forfeit the Local Content

Retention Amount and shall have no further claim against the Employer for the repayment of

such amount.

Non-compliance Penalty Certificate:

a) If any Non-compliance Penalty arises, the Employer shall issue a Non-compliance Penalty

Certificate on the last day of each month during such Non-compliance indicating the Non-

compliance Penalties which have accrued during that period.

b) A Non-compliance Penalty Certificate shall be prima facie proof of the matters to which it

relates. If the Contractor disputes any of the amounts set out in a Non-compliance Penalty

Certificate:

the dispute shall be resolved in accordance with the provisions of the Contract; and

if pursuant to that referral, it is determined that the Contractor owes any amount to

the Employer pursuant to the Non-compliance Penalty Certificate, then the Contractor

shall pay such amount to the Employer within 10 (ten) Business Days of the

determination made pursuant to such determination and an accompanying valid Tax

Invoice.

Payment of Non-compliance Penalties:

a) Subject to Clause i) above, the Contractor shall pay the Non-compliance Penalty indicated

in the Non-compliance Penalty Certificate within 10 (ten) Business Days of the Employer

issuing a valid Tax Invoice to the Contractor for the amount set out in that certificate. If

the Employer does not issue a valid Tax Invoice to the Contractor for Non-compliance

Penalties accrued during any relevant period, those Non-compliance Penalties shall be

carried forward to the next period.

b) The Contractor shall pay the amount due within 10 (ten) days after receipt of a valid Tax

Invoice from the Employer, failing which Transnet shall, without prejudice to any other rights

of the Employer under this Agreement, be entitled to call for payment which may be in any

form the Employer deems reasonable and appropriate.

c) It is agreed that the Employer, the DTI, the South African Bureau of Standards and/or any of

their appointed agents shall be entitled to monitor, evaluate and audit the Contractor’s

compliance with its obligations under the Local Content Plan. To this end, the Contractor shall

provide its full cooperation to the respective bodies referred to in this clause to ensure that

effective monitoring, evaluation and auditing takes place.

The Non Compliance Penalties set forth in this Clause are stated exclusive of VAT. Any VAT payable on Non

Compliance Penalties will be for the account of the Contractor.


Contract PAGE 1 Part C1.3: Forms of Securities PRO-FAT-0216 Rev02

C1.3 Forms of Securities

Pro forma Performance Guarantee

For use with the NEC3 Engineering & Construction Contract - June 2005 (with amendments June 2006 and

April 2013).

The conditions of contract stated in the Contract Data Part 1 include the following Secondary Option:

Option X13: Performance bond

The pro forma document for this Performance Guarantee is provided here for convenience but is to be treated as part of the Works Information.

The organisation providing the Performance Guarantee does so by copying the pro forma document onto its

letterhead without any change to the text or format and completing the required details. The completed

document is then given to the Employer within the time stated in the contract.



Pro forma Performance Guarantee (for use with Option X13) (to be reproduced exactly as shown below on the letterhead of the Guarantor)

Transnet SOC Ltd C/o Transnet Group Capital Waterfall Business Estate 9 Country Estate Drive Midrand 1662

Date:

Dear Sirs,

Performance Guarantee for Contract No:

With reference to the above numbered contract made or to be made between

{Transnet SOC Ltd, Registration No. 1990/000900/30} (the Employer) and

{Insert registered name and address of the Contractor} (the Contractor), for

{Insert details of the works from the Contract Data} (the works).

I/We the undersigned

on behalf of the

Guarantor

of physical address

and duly authorised thereto do hereby provide the following Performance Guarantee, as required under the above Contract, subject to the following conditions:

1. Any reference in this Performance Guarantee to the above Contract / works is made for the purpose of convenience and shall not be construed as any intention whatsoever to create an accessory

obligation or any intention whatsoever to create a Suretyship.

2. The Guarantor’s obligation under this Performance Guarantee is restricted to the payment of money.

3. The terms Employer, Contractor, Project Manager, works and Completion have the meaning as

assigned to them by the conditions of contract stated in the Contract Data for the aforesaid Contract.

4. We renounce all benefits from any legal exceptions which might or could be pleaded against the

validity of this Performance Guarantee.

5. The Employer has the absolute right to arrange his affairs with the Contractor in any manner which

the Employer deems fit and without being advised thereof the Guarantor shall not have the right to claim his release on account of any conduct alleged to be prejudicial to the Guarantor. Without

derogating from the foregoing compromise, extension of the construction period, indulgence, release or variation of the Contractor's obligation shall not affect the validity of this Performance

Guarantee.



6. This Performance Guarantee will lapse on the earlier of:

the date that the Guarantor receives a notice from the Project Manager stating that the

Completion Certificate for the whole of the works has been issued, that all amounts due from the

Contractor as certified in terms of the Contract have been received by the Employer and that the Contractor has fulfilled its obligations under the Contract, or

the date that the Guarantor issues a replacement Performance Guarantee for such lesser or

higher amount as may be required by the Project Manager.

7. Always provided that this Performance Guarantee will not lapse in the event the Guarantor is notified by the Project Manager, (before the dates above), of the Employer's intention to institute

claims and the particulars thereof, in which event this Guarantee shall remain in force until all such

claims are paid and settled.

8. Subject to the Guarantor’s total liability referred to in clause 9 below, the Guarantor undertakes to pay the Employer the Guaranteed Sum or the full outstanding balance upon receipt of a first written

demand from the Project Manager to the Guarantor calling up this Performance Guarantee stating that:

8.1 The Contract has been terminated due to the Contractor’s default or failure to fulfil its obligations under the Contract and that the Performance Guarantee is called up in terms of this clause 8. A

copy of the termination certificate shall be enclosed with the demand;

9. Our total liability hereunder shall not exceed the Guaranteed Sum of:

(say) _________________________________________________________________________

R ____________________________________________________

10. This Performance Guarantee is neither negotiable nor transferable and is governed by the laws of

the Republic of South Africa, subject to the jurisdiction of the courts of the Republic of South Africa.

11. This Performance Guarantee, accompanied by the required demand notice and termination certificate as per clause 8, shall be regarded as a liquid document for the purpose of obtaining a

court order.

Signed at on this day of 201_

Signature(s)

Name(s) (printed)

Position in Guarantor company

Signature of Witness(s)

Name(s) (printed)



Pro forma Reducing Value Guarantee (for use with Option X13) (to be reproduced exactly as shown below on the letterhead of the Guarantor) Transnet SOC Ltd C/o Transnet Group Capital Waterfall Business Estate 9 Country Estate Drive Midrand 1662

Date:

Dear Sirs,

Reducing Value Guarantee for Contract No. With reference to the above numbered contract made or to be made between

Transnet SOC Ltd, Registration No. 1990/000900/30 (the Employer) and

{Insert registered name and address of the Contractor} (the Contractor), for

{Insert details of the works from the Contract Data} (the works).

I/We the undersigned

on behalf of the Guarantor

of physical address

and duly authorised thereto, do hereby undertake to pay the Employer forthwith on receipt of written demand from the Employer up to the maximum guaranteed sum of (say) _____________________________________________________________________________

R ____________________________________________________

in respect of amounts due by the Contractor to the Employer for whatever reason in terms of the contract between the Employer and the Contractor in respect of the works. The following further terms shall apply: 1 The Guarantor's liability shall be limited to the diminishing amounts of the guaranteed sum as set out

below:

Guarantor's Liability Period of Liability

1.1 Maximum guaranteed sum: R _________________

From the date this demand bond comes into effect and until the date by when the Price for Work Done to Date has reached or exceeds R _________________

1.2 Reducing to the guaranteed sum of: R _______________________

From the date by when the Price for Work Done to Date has reached or exceeds the amount stated in 1.1 above and until the date of Completion of the whole of the works

1.3 Reducing to the guaranteed sum of R _______________

From the day after the date of Completion of the whole of the works and until the date of issue of the last Defects Certificate.



1.4 Reducing to the guaranteed sum of: R _________________

From the day after the date of issue of the last Defects Certificate and up to and including the day on which there are no amounts due by either Party to the other.

1.5 Thereafter this demand guarantee shall lapse. 2 The terms Employer, Contractor, Project Manager, works, Price for Work Done to Date, Completion,

Defects Certificate and Party have the meaning given to them by the conditions of contract stated in the Contract Data for the aforesaid Contract.

3 The Employer shall have the absolute right to arrange his affairs with the Contractor in any manner

which the Employer deems fit and the Guarantor shall not have the right to claim his release on account of any conduct alleged to be prejudicial to the Guarantor. Without derogating from the foregoing, any compromise, extension of the Completion Date, indulgence, release or variation of the Contractor's obligation shall not affect the validity of this demand guarantee.

4 The Guarantor chooses domicilium citandi et executandi for all purposes in connection herewith at

the address appearing above. 5 This Reducing Value Guarantee is neither negotiable nor transferable and is governed by the laws of

the Republic of South Africa, subject to the jurisdiction of the courts of the Republic of South Africa. 6 The Employer returns this Guarantee to the Guarantor when it has lapsed in terms of clause 1 above

or on payment in full thereof whichever is the earlier.

Signed at on this day of 20

Guarantor:

Representative

Representative

Name (printed)

Name (printed)

Capacity

Capacity

As Witness

As Witness

Guarantor’s stamp or seal


Contract PAGE 1 Part C2: Pricing Data PRO-FAT-0216 Rev02 Part C2.1: Pricing Instructions ECC Option B

PART 2: PRICING DATA

Document reference

Title No of pages

C2.1 Pricing instructions: Option B 3

C2.2 The bill of quantities 5


Contract PAGE 1 C2.1 Part C2: Pricing Data Pricing instructions ECC3 Option B

C2.1 Pricing instructions: Option B

1. The conditions of contract

1.1. How the contract prices work and assesses it for progress payments

Clause 11 in NEC3 Engineering and Construction Contract, June 2005 with amendments June 2006 and April 2013 (ECC) Option B states: Identified and defined terms

11 11.2

(21) The Bill of Quantities is the bill of quantities as changed in accordance with this contract to accommodate implemented compensation events and for accepted quotations for acceleration. (22) Defined Cost is the cost of the components in the Shorter Schedule of Cost Components whether work is subcontracted or not excluding the cost of preparing quotations for compensation events.

(28) The Price for Work Done to Date is the total of

the quantity of the work which the Contractor has completed for each item in the Bill of Quantities multiplied by the rate and

a proportion of each lump sum which is the proportion of the work covered by the item which the Contractor has completed.

Completed work is work without Defects which would either delay or be covered by immediately following work.

(31) The Prices are the lump sums and the amounts obtained by multiplying the rates by the quantities for the items in the Bill of Quantities.

This confirms that Option B is a re-measurement contract and the bill comprises only items measured using quantities and rates or stated as lump sums. Value related items are not used. Time related items are items measured using rates where the rate is a unit of time.

1.2. Function of the Bill of Quantities

Clause 55.1 in Option B states, “Information in the Bill of Quantities is not Works Information or Site Information”. This confirms that instructions to do work or how it is to be done are not included in the Bill, but in the Works Information. This is further confirmed by Clause 20.1 which states, “The Contractor Provides the Works in accordance with the Works Information”. Hence the Contractor does not Provide the Works in accordance with the Bill of Quantities. The Bill of Quantities is only a pricing document.

1.3. Guidance before pricing and measuring

Employers preparing tenders or contract documents, and tendering contractors are advised to consult the sections dealing with the bill of quantities in the NEC3 Engineering and Construction Contract (June 2005 ) Guidance Notes before preparing the bill of quantities or before entering rates and lump sums into the bill. Historically bill of quantities based contracts in South Africa have been influenced by the different approaches of the civil engineering and building sectors of the industry through their respective discipline based standard forms of contract and methods of measurement. This is particularly apparent in the approach to the Preliminary and General bill. On the other hand, because ECC caters for a number of disciplines in the same contract, including electrical works, a different approach not currently found in local methods of measurement to the Preliminary & General bill items may have been used. The NEC approach to the P & G bill assumes use will be made of method related charges for Equipment applied to Providing the Works based on durations shown in the Accepted Programme, fixed charges for



the use of Equipment that is required throughout the construction phase, time related charges for people working in a supervisory capacity for the period required, and lump sum charges for other facilities or services not directly related to performing work items typically included in other parts of the bill.

2. Measurement and payment

2.1. Symbols

The units of measurement described in the Bill of Quantities are metric units abbreviated as follows:

Abbreviation Unit

% percent

h hour

ha hectare

kg kilogram

kl kilolitre

km kilometre

km-pass kilometre-pass

kPa kilopascal

kW kilowatt

l litre

m metre

mm millimetre

m2 square metre

m2-pass square metre pass

m3 cubic metre

m3-km cubic metre-kilometre

MN meganewton

MN.m meganewton-metre

MPa megapascal

No. number

Prov sum1 provisional sum

PC-sum prime cost sum

R/only Rate only

sum Lump sum

t ton (1000kg)

W/day Work day



2.2. General assumptions

2.2.1. Unless otherwise stated, items are measured net in accordance with the drawings, and no allowance has been made in the quantities for waste.

2.2.2. The Prices and rates stated for each item in the Bill of Quantities shall be treated as being fully inclusive of all work, risks, liabilities, obligations, overheads, profit and everything necessary as incurred or required by the Contractor in carrying out or providing that item.

2.2.3. Clause 63.13 in Option B provides that these rates and Prices may be used as a basis for assessment of compensation events instead of Defined Cost.

2.2.4. Where this contract requires detailed drawings, designs or other information to be provided, and no rates or prices are included in the bill specifically for such matters, then the Contractor is deemed to have allowed for all costs associated with such requirements within the tendered rates and Prices in the Bill of Quantities.

2.2.5. An item against which no Price is entered will be treated as covered by other Prices or rates in the bill of quantities. If a number of items are grouped together for pricing purposes, this will be treated as a single lump sum.

2.2.6. The quantities contained in the Bill of Quantities may not be final and do not necessarily represent the actual amount of work to be done. The quantities of work assessed and certified for payment by the Project Manager at each assessment date will be used for determining payments due and not the quantities given in the Bill of Quantities.

2.2.7. The short descriptions of the items of payment given in the bill of quantities are only for the purposes of identifying the items. More detail regarding the extent of the work entailed under each item is provided in the Works Information.

2.3. Departures from the method of measurement

2.3.1. Nil

2.4. Amplification of or assumptions about measurement items

For the avoidance of doubt the following is provided to assist in the interpretation of descriptions given in the method of measurement. In the event of any ambiguity or inconsistency between the statements in the method of measurement and this section, the interpretation given in this section shall be used.


Contract PAGE 1 Part C2: Pricing Data PRO-FAT-0216 Rev02 C2.2: Bill of quantities

C2.2 the bill of quantities .

Item

No

Payment

Reference

Description Unit Qty Rate Amount

SECTION SUMMARY

SECTION NO. 1: PRELIMINARIES & GENERAL

BILL NO. 1: PRELIMINARIES & GENERAL Page 3-6

SECTION NO. 2 : EAST & WEST SIDE

BILL NO. 1: EARTHWORKS (PROVISIONAL) Page 7-9

BILL NO. 2: CONCRETE, FORMWORK AND

REINFORCEMENT (PROVISIONAL)

Page 10-11

BILL NO. 3: STEEL PALISADE FENCING AND

GATES

Page 12-15

SECTION NO. 3 : RAIL SIDE

BILL NO. 1: EARTHWORKS (PROVISIONAL) Page 16-18



Page 19-20


GATES

Page 21-24

Grand Total

Project: 1127672-LS-C004 Security Perimeter Fencing Estimate

Item

No

Payment

Reference


SANS

1200 SECTION NO. 1: PRELIMINARIES & GENERAL

BILL NO.1

PRELIMINARIES & GENERAL

The Tenderer is referred to the relevant Clauses in

the separate document Model Preambles for Trades

(2008 Edition) and to the Supplementary Preambles

which are incorporated in this Bill.

Preliminaries

The agreement applicable to this contract is the

"NEC 3 Engineering and Construction Contract

June 2005" (with amendments April 2013)

A 8.2.4

Tenderers are referred to SANS 1200A for the

purpose of payment of Preliminaries and General

section of this Bill

A 8.2.3 FIXED CHARGE ITEMS

Contractual requirements

1 A 8.3.1 Contractual requirements Sum 1

A 8.3.2

&

A 8.3.2.3 Establishment of Facilities on the Site

A 8.3.2.1 Facilities for Engineer

2 a) Furnished Offices Sum 1

3 c) Nameboards Sum 1

A 8.3.2.2 Facilities for Contractor

4 a) Office and storage sheds Sum 1

5 b) Workshops Sum 1

6 c) Laboratories Sum 1

7 d) Living accommodation Sum 1

8 e) Ablution and latrine facilities Sum 1

f) Tools and equipment Sum 1

9

g) Water supplies, electric power and

communications Sum 1

10 j) Plant Sum 1

Carried to Collection

Page 2


Item

No

Payment

Reference


A 8.3.3 Other Fixed-charge Obligations

11 Setting out of works and surveys Sum 1

12 Prepation of as built drawings Sum 1

13 Health and Safety Compliance Sum 1

14 Environmental Compliance Sum 1

Removal of site establishment

15 A 8.3.4

Removal of site establishment on completion of

work Sum 1

Carried to Collection

Page 3


Item

No

Payment

Reference


TIME RELATED ITEMS

Contractual requirements

16 A 8.4.1 Contractual requirements Month 6

A 8.4.2

&

A 8.4.2.3

Operation and Maintenance of Facilities on Site, for

Duration of Construction, except where otherwise

stated

A 8.4.2.1 Facilities for Engineer

17 a) Furnished Offices Month 6

18 c) Nameboards Month 6

19 d) Survey assistants and materials Month 6

A 8.4.2.2 Facilities for Contractor

20 a) Office and storage sheds Month 6

21 b) Workshops Month 6

22 c) Laboratories Month 6

23 d) Living accommodation Month 6

24 e) Ablution and latrine facilities Month 6

25 f) Tools and equipment Month 6

26

g) Water supplies, electric power and

communications Month 6

27 i) Access and access control Month 6

28 j) Plant Month 6

Supervision for Duration of Construction

29 A 8.4.3 Supervision Month 6

Company and Head office Overhead Cost

30 A 8.4.4

Company and Head office Overhead Cost for the

duration of the contract. Month 6

A 8.4.5 Other Time-related Obligations

31 Health and Safety Compliance Month 6

32 Environmental Compliance Month 6

Total Collections Carried to Section Summary

Page 4


Item

No

Payment

Reference


A 8.8 TEMPORARY WORKS

A 8.8.4 Existing services

33

a) Supply or hire of specialist equipment for the

detection of services Sum 1

34

b) The use of equipment referred to in item (a)

above Sum 1

35

c) Excavation by hand in soft material to expose

services m³ 8

36

d) Temporary protection, as required in terms of the

project specification of services Sum 1

COLLECTIONS

SECTION NO. 1

BILL NO. 1: PRELIMINARIES & GENERAL

Page 2

Page 3

Page 4

Page 5


Page 5


Item

No

Payment

Reference


SECTION NO. 2 : EAST & WEST SIDE

BILL NO.1

EARTHWORKS (PROVISIONAL)




which are incorporated in this Bill

Special care shall be exercised during the progress

of the work to ensure that any electrical installations,

water supply pipes, telephone and other services

which may be encountered are not interfered with

and notice shall be given to the Engineer if any

disconnection or alterations become necessary

DEMOLITIONS ETC

Taking down and removing

1

1.6m high stock fence with wooden/steel posts and

droppers including breaking removing any concrete

bases then backfill and make good m 1 005.00

2

3m high spot-welded mesh fence with steel posts

and droppers and 45 degree barbed wire overhang

including breaking and removing concrete bases

then backfill and make good. Fence to be removed

includes a 2 x 4m wide double leaf swing gate of

2.4m overall height and a 1m wide 2.4 m high sigle

leaf gate to be disassembled and stored at a place

to be identified by the employer within the

employer's premises. m 1 009.00

SITE CLEARANCE ETC

Site clearance

3

Digging up and removing rubbish, debris,

vegetation, hedges, shrubs, bush, etc. and trees not

exceeding 200mmm girth and cart away to

prescribed stock piles on site within 3.5km radius m² 10 552.00

4

Stripping average 150mm thick layer of topsoil and

depositing material in prescribed stock piles on site

within 3.5km radius m² 10 552.00

EXCAVATION, FILLING, ETC.

EXCAVATIONS, ETC

Excavation in earth not exceeding 2m deep

including shaping and trimming for

5 Plinths m³ 334.34

6 Bases m³ 325.66

Back excavation of vertical sides of excavation in

earth for working space including backfilling

compacted to 98% Mod. AASHTO density

7

Exceeding 500mm and not exceeding 1,5m deep for

erection and removal of formwork to bases and

plinths m² 587.12

Carried to Collections

Page 6


Item

No

Payment

Reference


Extra over trench and hole excavations in earth for

excavation in

8 Soft rock m³ 132.00

9 Hard rock m³ 66.00

Extra over all excavation for carting away

10

Surplus material from excavations to prescribed

stock piles on site within 3.5km radius m³ 660.00

Risk of collapse of excavations

11

Sides of trench and hole excavations not exceeding

1,5m deep m² 6 613.41

Keeping excavation free of water

12

Keeping excavation free from all water other than

subterranean water Item

EARTHFILLING, ETC. (PROVISIONAL)

Filling with material from the excavations and/or

prescribed stock piles compacted to a density of at

least 98% Mod. AASHTO maximum density

13 Backfilling to trenches, holes, etc. m³ 922.62

Filling with imported material G7 compacted to a

density of at least 98% Mod. AASHTO maximum

density


Compaction of ground surface including scarifying

for a depth of 150mm, breaking down oversize

material, adding suitable material where necessary

and compacting to 93% Mod AASHTO density

15 Under trenches and holes m² 1 273.22

Prescribed density tests on filling

16 Modified AASHTO Density test No. 269.63


Page 7


Item

No

Payment

Reference


COLLECTIONS

SECTION NO. 2

BILL NO. 1: EARTHWORKS (PROVISIONAL)

Page 4

Page 5


Page 8


Item

No

Payment

Reference


BILL NO.2

CONCRETE, FORMWORK AND






UNREINFORCED CONCRETE CAST IN

EXCAVATED SURFACES

25 MPa/19mm Concrete


2 Bases m³ 179.11

UNREINFORCED CONCRETE CAST ON/IN

FORMWORK



4 Bases m³ 146.55

TEST CUBES

5

Making and testing 150 x 150 x 150mm concrete

strength test cubes, 3 cubes per load No. 331

ROUGH FORMWORK (PROVISIONAL)

Rough Formwork to:

6 Sides of bases m² 3 256.61

7 Sides of plinths m² 3 356.80

8

Extra over rough formwork to sides for bases in

slopes m² 976.98

9

Extra over rough formwork to sides of bases in

angles m² 325.66

10 Extra over rough formwork to sides of sloping plinths m² 1 007.04

Boxing in rough formwork to form

11 20 mm 45 degree Chamfers along top edges m 13 811.92

Rough formwork to form

12300 X 200 mm opening for tortoise migration at

every 5th expansion joint No. 108


Page 9


Item

No

Payment

Reference


MOVEMENT JOINTS, ETC.

Expansion joints with 10mm softboard between

bases and plinth, including necessary formwork

13 200 X 400mm expansion joint m 541.13

COLLECTIONS

SECTION NO. 2



Page 7

Page 7


Page 10


Item

No

Payment

Reference


BILL NO.3

STEEL PALISADE FENCING AND GATES

Manufacture, supply, deliver and erect galvanized

steel palisades:

1

Hot Dipped Galvanized and Anti corrosion Bond

Coated steel palisade fencing of 1950 x 2475mm

high panels at 25mm concrete/pale clearance made

of 'spear head' shaped IPE100 posts, 50 x 50 x

5mm stringers, 40 x 40 x 3mm angle 'spear head'

shaped pales at 150mm centres all welded together.

Post are to be welded on 12mm think base plates

and bolted to concrete bases with M16 x 105mm

long grade 316 stainless steel throughbolts

including washers. All bolts and fasterners to be

included and hot dip galavanized. Rate to include

dealing with corners, slopes, angles and curves.

Excavations and concrete measured elsewhere

(Drawing no. 1124367-1-000-C-DE-0005-01 and

1124367-1-000-C-DE-0005-02)

m 5 257.70

2

Connecting new galvanised steel palisade fencing to

existing palisade fencing No. 4.00

3

Provision of palisade panels as spares complete

with posts and connections No. 10.00


steel palisade gates:

4


Coated double leaf swing gate to suit palisade fence

with overall size of 9300 x 2400mm made up

framing consisting of 4 of 2380 mm 50 x 50x 3mm

square cubing vertical members, 4 of 2675 mm 50 x

50x 3mm square cubing digonal members forming V

shape and 4 of 4400 mm 50 x 50x 3mm square

cubing horizontal members with 2475mm high 45 x

45 x 3mm spearhead shaped pales welded on

frame at 150mm centres. Gate posts made up of

3350mm high IPE 180 x 91mm x 18.8kg/m with 120

x 30mm bullet hinge welded on as per drawing

detail. Gate frames to be fitted with a handle made

of 200 x 150 6mm plate, 75 x 75 x 4.5mm angle iron

with 15mm Diameter oblong hole vertical and

horizontal welded to 50 x 50 x 6mm square tubing

frame and 50 x 144 x 6mm as per engineers

drawings. Gate leafs to be fitted with a 40mm x 150

mm Dia. serial No. 452 1978 steel wheel with ruber

tyre boss welded for spring as per engineer's

drawings on each side. All bolts and fasterners to be

included and hot dip galavanized. Concrete footings

and foundations measured elsewhere. (Drawing

no. 1124367-1-000-C-DE-0005-01)

No. 1.00

Total Carried to Collections

Page 11


Item

No

Payment

Reference


5



overall size of 5000 x 2400mm made up framing

consisting of 4 of 2380 mm 50 x50x 3mm square

cubing vertical members, 4 of 2675 mm 50 x50x

3mm square cubing digonal members forming V

shape and 4 of 4400 mm 50 x50x 3mm square

cubing horizontal members with 2475mm high 45

x45 x 3mm spearhead shaped pales welded on















no. 1124367-1-000-C-DE-0005-03)

No. 2.00

6
























no. 1124367-1-000-C-DE-0005-01)

No. 2.00

Road signs

7

Road closed chevron sign No. W410 of amendment

of road traffic regulations in government notice no.

15188 of 18 october 1993. Chevron plate to be

rivited to 25 x 25mm frame and welded to pallisade

gates on both sides on each leaf as per engineer's

drawing.

No. 20.00


Page 12


Item

No

Payment

Reference


COLLECTIONS

SECTION NO. 2


GATES

Page 9

Page 10


Page 13


Item

No

Payment

Reference


SECTION NO. 3 : RAIL SIDE

BILL NO.1

EARTHWORKS (PROVISIONAL)





DEMOLITIONS ETC

Taking down and removing

1

1.6m high stock fence with wooden/steel posts and

droppers including breaking removing any concrete

bases then backfill and making goodm 4 019.00

SITE CLEARANCE ETC

Site clearance

2

Digging up and removing rubbish, debris,

vegetation, hedges, shrubs, bush, etc. and trees not

exceeding 200mmm girth and cart away to

prescribed stock piles on site within 3.5km radius

m² 9 000.00

3

Stripping average 150mm thick layer of topsoil and

depositing material in prescribed stock piles on site

within 3.5km radiusm² 9 000.00

EXCAVATION, FILLING, ETC.

EXCAVATIONS, ETC

Excavation in earth not exceeding 2m deep

including shaping and trimming for


5 Bases m³ 277.91

Back excavation of vertical sides of excavation in

earth for working space including backfilling

compacted to 98% Mod. AASHTO density

6

Exceeding 500mm and not exceeding 1,5m deep for

erection and removal of formwork to bases and

footingsm² 500.77

Extra over trench and hole excavations in earth for

excavation in

7 Soft rock m³ 112.58

8 Hard rock m³ 56.29


Page 14


Item

No

Payment

Reference


Extra over all excavation for carting away

9

Surplus material from excavations to prescribed

stock piles on site within 3.5km radius m³ 562.90

Risk of collapse of excavations

10Sides of trench and hole excavations not exceeding

1,5m deep m² 5 642.41

Keeping excavation free of water

11Keeping excavation free from all water other than

subterranean water Item

EARTHFILLING, ETC. (PROVISIONAL)

Filling with material from the excavations and/or

prescribed stock piles compacted to a density of at

least 98% Mod. AASHTO maximum density


Filling with imported material G8/9 compacted to a

density of at least 98% Mod. AASHTO maximum

density


Compaction of ground surface including scarifying

for a depth of 150mm, breaking down oversize

material, adding suitable material where necessary

and compacting to 98% Mod AASHTO density

14 Under trenches and holes m² 1 086.19

Prescribed density tests on filling

15 Modified AASHTO Density test No. 229.83


Page 15


Item

No

Payment

Reference


COLLECTIONS

SECTION NO. 3

BILL NO. 1: EARTHWORKS (PROVISIONAL)

Page 4

Page 5


Page 16


Item

No

Payment

Reference


BILL NO.2

CONCRETE, FORMWORK AND






UNREINFORCED CONCRETE CAST ON/IN

FORMWORK



2 Bases m³ 152.85

UNREINFORCED CONCRETE CAST AGAINST

EXCAVATED SURFACES



4 Bases m³ 125.06

TEST CUBES

5

Making and testing 150 x 150 x 150mm concrete

strength test cubes, 3 cubes per load No. 282

ROUGH FORMWORK (PROVISIONAL)

Rough Formwork to:

6 Sides of bases m² 2 779.07

7 Sides of plinths m² 2 863.34

8

Extra over rough formwork to sides for bases in

slopes m² 833.72

9

Extra over rough formwork to sides of bases in

angles m² 277.91

10 Extra over rough formwork to sides of sloping plinths m² 859.00

Boxing in rough formwork to form

11 20 mm 45 degree Chamfers along top edges m 11 782.38

Rough formwork to form

12300 X 200 mm opening for tortoise migration at

every 5th expansion joint No. 92


Page 17


Item

No

Payment

Reference


MOVEMENT JOINTS, ETC.

Expansion joints with 10mm softboard between

bases and plinth, including necessary formwork

13 200 X 400mm expansion joint m 461.54

COLLECTIONS

SECTION NO. 3



Page 7

Page 7


Page 18


Item

No

Payment

Reference


BILL NO.3

STEEL PALISADE FENCING AND GATES


steel palisades:

1


Coated steel palisade fencing of 1950 x 2475mm

high panels at 25mm concrete/pale clearance made

of 'spear head' shaped IPE100 posts, 50 x 50 x

5mm stringers, 40 x 40 x 3mm angle 'spear head'

shaped pales at 150mm centres all welded together.

Post are to be welded on 12mm think base plates

and bolted to concrete bases with M16 x 105mm

long grade 316 stainless steel throughbolts

including washers. All bolts and fasterners to be

included and hot dip galavanized. Rate to include

dealing with corners, slopes, angles and curves.

Excavations and concrete measured elsewhere

(Drawing no. 1124367-1-000-C-DE-0005-01 and

1124367-1-000-C-DE-0005-02)

m 4 481.70

2

Connecting new galvanised steel palisade fencing to

existing infrastructure No. 4.00

3

Provision of palisade panels as spares complete

with posts and connections No. 10.00

Total Carried to Collections

Page 19


Item

No

Payment

Reference



steel palisade gates:

4

Hot Dipped Galvanized then Anti corrosion Bond


overall size 5000 x 2400mm high made up framing

consisting of 4 of 2380 mm 50 x50x 3mm square

cubing vertical members, 4 of 2675 mm 50 x50x

3mm square cubing digonal members forming V

shape and 4 of 4400 mm 50 x50x 3mm square

cubing horizontal members with 2475mm high 45

x45 x 3mm spearhead shaped pales welded on















no. 1124367-1-000-C-DE-0005-01)

No. 1.00

5
























no. 1124367-1-000-C-DE-0005-01)

No. 2.00

Road signs

6

Road closed chevron sign No. W410 of amendment

of road traffic regulations in government notice no.

15188 of 18 october 1993. Chevron plate to be

rivited to 25 x 25mm frame and welded to pallisade

gates on both sides on each leaf as per engineer's

drawing.

No. 12.00


Page 20


Item

No

Payment

Reference


COLLECTIONS

SECTION NO. 3


GATES

Page 9

Page 10


Page 21

TRANSNET SOC LIMITED CONTRACT NUMBER: P.1127672 -LS-C004 DESCRIPTION OF THE WORKS: THE CONSTRUCTION OF THE NEW EAST BANK PERIMETER SECURITY FENCING

NEC3 CONTRACT Part C3: Scope of Work FORM: PRO-FAT-0222 Rev03 Page 1 of 58

PART C3: SCOPE OF WORK

Document reference

Title No of page

This cover page 1

C3.1 Employer’s Works Information

Total number of pages 58



C3.1 EMPLOYER’S WORKS INFORMATION

Contents

PART C3: SCOPE OF WORK ................................................................................................................................... 1

SECTION 1 ................................................................................................................................................................. 5

1 Description of the works ................................................................................................................................................. 5

1.1 Executive overview ................................................................................................................ 5

1.2 Employer’s objectives ............................................................................................................ 5

1.3 Interpretation and terminology ............................................................................................ 6

2 Engineering and the Contractor’s design ........................................................................................................................ 8

2.1 Employer’s design .................................................................................................................. 8

2.2 Parts of the works which the Contractor is to design ........................................................... 8

2.3 Procedure for Proposal of Alternative Designs ................................................................... 10

2.4 Procedure for submission and acceptance of Contractor’s design ..................................... 10

2.5 Review and Acceptance of Contractor Documentation ...................................................... 11

2.6 Use of Contractor’s design .................................................................................................. 12

2.7 As-built drawings, operating manuals and maintenance schedules ................................... 12

3 Construction ................................................................................................................................................................. 14

3.1 Temporary works, Site services & construction constraints ............................................... 14

3.2 Completion, testing, commissioning and correction of Defects ......................................... 24

4 Plant and Materials Standards and Workmanship ....................................................................................................... 26

4.1 Investigation, Survey and Site Clearance ............................................................................ 26

4.2 Civil Engineering and Structural Works ............................................................................... 26

5 List Of Drawings ............................................................................................................................................................ 38

5.1 Drawings issued by the Employer ........................................................................................ 38

SECTION 2 ............................................................................................................................................................... 39

6 Management and start up ............................................................................................................................................ 39

6.1 Management meetings ....................................................................................................... 39

6.2 Documentation Control ....................................................................................................... 40

6.3 Safety risk management ...................................................................................................... 40

6.4 Environmental constraints and management ..................................................................... 41

6.5 Quality assurance requirements ......................................................................................... 43

6.6 Programming and Progress Reporting ................................................................................ 45

6.7 Contractor’s management, supervision and key people ..................................................... 47



6.8 Training workshops and technology transfer ...................................................................... 48

6.9 Contract change management ............................................................................................ 48

6.10 Provision of bonds and guarantees ..................................................................................... 49

7 Procurement ................................................................................................................................................................. 50

7.1 Code of Conduct .................................................................................................................. 50

7.2 Prohibition of Bribes, Kickbacks, Unlawful Payments, and Other Corrupt Practices .......... 50

7.2 Conflicts of Interest ............................................................................................................. 51

8 The Contractor’s Invoices.............................................................................................................................................. 52

9 People ........................................................................................................................................................................... 53

9.1 Contractor Liability .............................................................................................................. 53

9.2 Industrial Action by Contractors Employees ....................................................................... 53

10 B-BBEE and Preference Scheme.................................................................................................................................... 55

11 Subcontracting .............................................................................................................................................................. 56

12 Plant and Materials ....................................................................................................................................................... 57

13 Annexures ..................................................................................................................................................................... 58



LIST OF ANNEXURES

Annexure A : Tender Drawings

Annexure B : Contractor Documentation Submittal Requirements: DOC-STD-0001

Annexure C : Health And Safety Specification: 1124367-02-HS-SP-0001

Annexure D : Environmental Management Programme Basic Assessment Report

Annexure E : Environmental Documentation: Environmental Authorisation,

14/12/16/3/3/1/895 – Amended Environmental Authorisation,

14/12/16/3/3/1/895 (A1) – Amended Environmental Authorisation

Annexure F : General Quality Requirements for Contractors and Suppliers

Annexure G : Industrial Relations Policy and Management Plan ACM-IR-POL-001



SECTION 1

1 Description of the works

1.1 Executive overview

The works will comprise the setting out and construction of the new east bank Perimeter Security

Fencing. The route will start on the east bank from the Coega River traversing in a north easterly

westerly direction following the route of the N2 freeway. The fence will continue alongside the N2

until the northern most point of the port boundary is reached. The route will then turn to follow the

port boundary in a south-easterly direction to the new East Bank Entrance Facility. The fencing

and gates, in and around the East Bank Entrance Facility, also form part of the scope. From the

East Bank Entrance Facility, the fencing will be positioned on the north-eastern port boundary until

it reaches the edge of the sand dunes. The fence then turns to follow an existing gravel track behind

the sand dunes until it reaches the Port Control tower. The total fence length on the east bank is

in the order of 5.5km. The Perimeter Security Fencing is to be similar to that which has already

been provided in the Port of Ngqura. The fence shall be a steel palisade fence as per the Engineers

design; meeting the requirements of Transnet National Ports Authority. The Contractor is to set the

fence out by survey instrument and as directed by the supervisor.

The works that the Contractor is to perform involve the structural and civil works for the construction

of the perimeter fencing, as covered in this document, the specifications under Section 4, the

drawings as referenced under Annexure A, the bills of quantities and further documents referenced

in this Works Information,

The works include the following main items, comprising the construction of the port perimeter

fencing:

Construction of the steel palisade perimeter fence including concrete plinths and

foundations.

The Contractor shall also provide the Works in accordance with the technical, health and safety,

environmental, quality, industrial relations and programming requirements as set out in the Works

Information.

1.2 Employer’s objectives

The Employer is Transnet Group Capital (TGC) and the eventual owners of the works will be

Transnet National Ports Authority (TNPA). TNPA require the development of a new liquid bulk

facility at the Port of Ngqura so that the existing facility at the Port of Port Elizabeth can be

decommissioned. The area for development is the east bank of the Port of Ngqura. A critical piece

of infrastructure which is required for the development is the construction of the perimeter security

fencing on the east bank to demarcate the port boundary and restrict access into the port.

The Employer’s objectives are to:

i. Provide a perimeter security fence which will demarcate the port boundary and restrict

access to the port area, including the development of the east bank of the Port of Ngqura.

ii. Ensure that the security requirements of TNPA Security are paramount in the design and

construction of the fencing for a development of this nature.

iii. Achieve completion of the Works by meeting the completion date whilst maintaining the

highest environmental, quality and safety standards and whilst minimising disruptions to

ongoing port and terminal operations.

Emphasis is placed on the Employer’s commitment to environmental management and safety and

their objectives of “Zero Harm”, of achieving a zero LTI and a zero environmental legal



contravention construction contract. Furthermore, it is emphasised that the Works fall within an

environmentally sensitive and protected zone and as such, it is the Employer’s objective to ensure

full compliance with the guidelines and recommendations of the Department of Environmental

Affairs Environmental Authorisation, Transnet’s Construction Environmental Management Plan,

Standard Environmental Specifications and all Permits and Licenses authorised by the relevant

Authorities.

1.3 Interpretation and terminology

For the purposes of this contract for all matters regarding technical decisions, Acceptance of

Engineering related technical documents, Testing, Commissioning and any matters pertaining to

the context of the Occupational Health and Safety Act, the Contractor is required to cooperate with

the Employer’s Engineers/Professional Engineers as per Core Clause 25.1 and Core Clause 14.2

as delegated by the Project Manager and the Supervisor, for the former and as applicable in the

context. The instructions received by the Contractor shall be interpreted as lawful in matters

pertaining to the former if the instruction has been endorsed by both the Project Manager or

Supervisor, and the Employer’s Engineers/Professional Engineers as applicable in the context.

The Employer’s Engineers shall be named post award of the contract and prior to commencement

of the Works. The Contractor is further advised that, in compliance to NEC3 ECC Core Clause

25.1, that co-operation with the Employers Engineers and other representatives of the Employer

(Others) is a requirement of this contract and the Contractor is to allow, grant and facilitate all

reasonable access that may be required by the Employer’s Engineers and Others as applicable,

for the provision of the Works.

The following terminology is used in this Works Information:

Term Meaning given to the term

Drawings The latest revision of the construction drawings

Specification/s

The document/s forming part of the contract, in which methods of

executing the various items of work, and the nature and quality of

the Materials to be supplied are described. The specification

includes technical schedules and drawings attached thereto as well

as all samples and patterns interpretation of incorporated

documentation.

Supervisor

As defined in the NEC3 ECC contract. Responsible for checking

that the works are constructed in accordance with the Drawings and

the Specification.

Project Manager As defined in the NEC3 ECC contract. Responsible for contractual

matters, cost and time.

Contractor As defined in the NEC3 ECC contract, the company engaged to

construct the works.

works As defined in the NEC3 ECC contract. That which is to be

constructed.

Native Original electronic file format of documentation



The following abbreviations are used in this Works Information:

Abbreviation Meaning given to the abbreviation

B-BBEE Broad Based Black Economic Empowerment

BS British Standard

CD Compact Disc

CDS Contractor Documentation Schedule

CEMP Construction Environmental Management Plan

CIRP Contractor’s Industrial Relations Practitioner

CM Construction Manager

COLTO Standard Specifications for Road and Bridge Works for State Road

Authorities, 1998 (as amended)

DWG Drawings

EO Environmental Officer

IR Industrial Relations

IRCC Industrial Relations Co-ordinating Committee

PES Project Environmental Specifications

PIRM Project Industrial Relations Manager

PIRPMP Project Industrial Relations Policy and Management Plan

QA Quality Assurance

SANS South African National Standards

SHE Safety, Health and Environment

TGC Transnet Group Capital

TNPA Transnet National Ports Authority



2 Engineering and the Contractor’s design

2.1 Employer’s design

2.1.1 The Employer’s design for the works is:

i. The Civil and Structural design for the steel palisade fencing, concrete plinths and

concrete foundations, as well as all major structural elements for the facility other than

the items listed in Section 2.2.

The relevant construction specifications are listed and included under Section 4 and the

Annexures. The tender drawings are listed under Section 5 and contained in Annexure A. These

documents have to be read in conjunction with the Bill of Quantities.

2.1.2 The Employer grants the Contractor a licence to use the copyright in design data presented to

the Contractor for the purpose of the works (and the Contractor’s obligation under Section 2.2 of

the Employer’s Works Information) ONLY.

2.2 Parts of the works which the Contractor is to design

2.2.1 Permanent Works

Nil.

2.2.2 Temporary Works

Temporary works are all works other than the permanent works indicated in the project

specifications, drawings, bill of quantities and associated contract documentation. These include

but are not limited to infrastructure to be removed from the Site at the end of construction,

protection of new and existing infrastructure/services, dismantling existing infrastructure/services

where specified and the like.

Temporary works shall include, but not be limited to, the following:

i. Accommodation of Traffic (AOT) plans for every aspect of the works, stipulating the signs

with identification number, size, position and sign face quality, and all other elements, such

as side roads, flagmen, barriers and further items, that may affect the positioning of the

AOT measures.

ii. Designs, drawings and method statements for temporary works pertaining to the retaining

wall system, to include, but not limited to:

o Temporary support work and formwork.

The Contractor is responsible for the overall integration of the design of the temporary works with

the design of the Employer.

All temporary works shall be designed by the Contractor and shall remain the Contractor’s

responsibility. The Contractor shall appoint suitably qualified, experienced and professionally

registered engineers/designers, where applicable, to carry out such works and shall indemnify

and hold indemnified the Project Manager and Employer against any claims and actions that may

arise out of the temporary works.

Any temporary works that may be necessary should be approved by the Project Manager prior

to construction. Any temporary work submitted is required in a format of both calculations and



drawings. The temporary works shall be structurally adequate and the foundations adequate with

no settlement.

2.2.3 General

All temporary or permanent works designed by the Contractor shall remain the Contractor’s

responsibility. The Contractor shall appoint suitably qualified, experienced and professionally

registered engineers and designers, to be approved by the Employer, to carry out detailed

designs for the permanent and where applicable temporary works, in accordance with this Works

Information, the drawings and the project specifications. The Contractor shall indemnify and hold

indemnified the Project Manager and Employer against any claims and actions that may arise

out of the design and construction of such permanent and temporary works.

The Contractor shall be responsible for full compliance with all codes of practice, safety,

professional procedures, checking, site approval and requirements of the construction

regulations with regards to the temporary and permanent works.

The Contractor’s designs shall be fully integrated with the design of the works as provided by the

Employer.

Where temporary or permanent works are located close to or within infrastructure or property

owned by others, e.g. Transnet, Eskom, Telkom, CDC or other service and utility owners as may

be the case, the Contractor will be responsible for the following, but not limited to:

i. Liaising with the relevant parties to ascertain impacts on existing property or on any planned

activities. Measures to eliminate or mitigate such impacts shall be developed and agreed to

with all affected parties.

ii. Ensuring compliance with the applicable standards, procedures and requirements of such

third parties.

iii. Identify requirements and provide protection of all infrastructure owned by such third parties.

For both permanent and temporary works the following shall applies

i. All calculations must be authenticated and authorised by Professional Engineers and/or

Technologists registered with the Engineering Council of South Africa.

ii. The Contractor shall submit to the Employer and/or Supervisor for acceptance all design

calculations and drawings for all permanent Works as well as all temporary works as listed

below in section 2.2.2 and 2.2.3

iii. The Contractor shall submit detailed drawings and workshop details for all designs, both

Contractor’s designs and Employer’s designs, to the Project Manager for acceptance by the

Employer’s Engineers and/or Employer’s Consultant

iv. The Contractor shall be responsible for full compliance with all codes of practice, safety,

professional procedures, checking, Site approval and requirement of the construction

regulations with regards to permanent Works as listed under section 2.2.2 of the Employer’s

Works Information as well as all temporary Works.

v. The Contractor is wholly responsible for all design coordination, integration and liaison

activities involved the Works, and shall take all measures necessary and make all

arrangements for activities such as meetings, inspections, endorsements, and any other

activities required for the timeous completion of the Works and to the appropriate quality.

When these activities require the involvement of the Employer’s Professional Engineering



team or any other stakeholders, the Contractor is required to make these arrangements with

due consideration of the Employer’s Professional Engineering team’s availability and the

availability of other stakeholders.

vi. The Contractor shall thus be wholly accountable and responsible for all aspects of his

designs, including the implementation of all Statutory Safety, Health and Environmental

Regulations of South Africa AND the particular requirements, specifications, and regulations

of the Employer pertaining to Health and Safety, Environment, Quality and Engineering.

vii. The Contractor shall be wholly accountable and responsible for the implementation of the

aspects of his designs including commissioning, putting into service and handover of his

constructed designs to the Employer, and his duly appointed ECSA registered Engineers

shall be held accountable and responsible for these aspects of the Works for the lifetime

duration of the Works.

viii. The Contractor is responsible in his design for the overall integration of the design of the

works with the design of the Employer as stated under 2.1 Employer’s design above and for

all items stated under 2.2.2 and 2.2.3 above.

ix. Unless expressly stated to form part of the design responsibility of the Employer as stated

under section 2.1 Employer’s design and whether or not specifically stated to form part of

the design responsibility of the Contractor under this section 2.2, all residual design

responsibility and overall responsibility for the total design solution for the works rests with

the Contractor.

2.3 Procedure for Proposal of Alternative Designs

2.3.1 Should the Contractor wish to propose alternative designs, these will only be considered if they

are compliant with the Employer’s requirements and they offer material benefits in terms of time

or cost or quality to the works, provided that the original designs and Works Information as billed

in this document have been priced.

2.3.2 Full details of such proposals shall be provided including specification, quantities, costs, method

statement and programme sufficient to support such motivation. Full details of the designers

including their qualifications, experience and professional indemnity insurance shall also be

supplied. Any alternative design is to comply with the Employer’s requirements and must be fit

for purpose.

2.3.3 The specifying of minimum design criteria and parameters shall not be considered to invalidate

the Contractor’s obligation to provide detailed competent designs. The Contractor must therefore,

ensure that his alternative design proposals are to his satisfaction in all respects and he may

apply more conservative design criteria or parameters where he considers these to be necessary

to achieve satisfactory standards and comply with the requirements.

2.4 Procedure for submission and acceptance of Contractor’s design

2.4.1 The Contractor shall address the following procedures:

2.4.1.1 The Contractor’s documentation shall be issued to the Project Manager under cover of the

Contractor’s Transmittal Note stating all contract references (i.e. Project No, Contract No, etc.)

as well as the Contractor’s Project Document Number, Revision Number, Title and chronological

listing of transmitted documentation.

2.4.1.2 Formats of Contractor data submitted are dependent on the project procedure and shall be

specified by the Project Manager, upon the notified request of the Contractor.



2.4.1.3 The Contractor’s Transmittal Note must state the purpose of the submission. Documentation for

different purposes must be sent on separate transmittals.

2.4.1.4 The Contractor shall deliver both hard copies and electronic media copies (CD Rom) to the

Project Manager at the address stated within the Contract Data.

2.4.1.5 All electronic documentation shall be submitted by the Contractor in Adobe Acrobat (PDF) and

native file format, with drawings in ‘rvt’, ‘dgn’, ‘dxf’, ‘dwg’ or similar approved formats as requested

by the Employer.

2.4.1.6 The Contractor shall also provide any design package software files to the Employer, in the format

specified by the Employer, if so requested, in order to review and/or verify drawings and designs.

2.4.1.7 The Contractor shall submit their designs to the Project Manager for approvals before

commencing with any manufacturing or construction.

2.4.2 The Contractor undertakes design safety reviews with the Project Manager, the NEC Supervisor,

the Employer’s Engineer’s and Professional team, the Employer’s Health and Safety Officers, the

Employer’s Environmental Officers, the Employer’s Quality Assurance and Quality Control

Officers and any other Specialists and/or Subject Matter Experts (SME) as deemed by the

Employer necessary for the provision of the Works.

2.4.3 Documentation Submission

In undertaking the ‘Works’ (including all incidental services required), the Supplier shall conform

and adhere to the requirements of the ‘Contractor Document Submittal Requirements’ Standard

included in Annexure B (Refer DOC-STD 0001).

2.5 Review and Acceptance of Contractor Documentation

2.5.1 The Contractor submits documentation as the ‘Works Information’ requires to the Project

Manager for review and acceptance.

2.5.2 The Project Manager may withhold acceptance of a submission if the document submission

requirements stated in the Works Information are not adhered to.

2.5.3 The Contractor shall allow the Project Manager two weeks (unless otherwise stated and agreed)

to review and respond to the Contractor’s submission of their documentation, i.e. from time of

receipt by the Employer to the time of despatch to the Contractor. However, work shall proceed

without delay in the event of late return of the documentation by the Project Manager with prior

notification in writing by the Contractor.

2.5.4 After review by the Employer, a copy of the original reviewed/marked-up drawing/document, with

the Project Manager’s consolidated comments and document status marked on the Contractor

review label, will be scanned and the hard copy will be returned to the Contractor under cover of

the project’s transmittal note for revision or re-submittal as instructed.

2.5.5 Contractors will be advised by e-mail or fax (accompanied by a copy of the project’s Transmittal

Note) that documentation is available for their collection.

2.5.6 On receipt of the reviewed documentation, the Contractor shall make any modifications as

requested or marked up and resubmit the revised documentation to the Project Manager within

two weeks. Queries regarding comments or changes shall be addressed with the Project

Manager prior to re-submittal.

2.5.7 Any re-submittals, which do not include the changes or comments as indicated by the Employer,

will be returned to the Contractor to be corrected. The Contractor shall re-issue the revised

documentation incorporating all comments and other specified details not included in the previous

issue within two working days of receipt of the marked-up document.



2.5.8 The Contractor issues method statements in advance of carrying out items of work. The

Contractor allows the period for reply for acceptance of method statements. Work does not

commence until the Supervisor has accepted the relevant method statement. The Contractor

does the work in accordance with the accepted method statement.

2.6 Use of Contractor’s design

2.6.1 The Contractor grants the Employer a licence to use the copyright in all design data presented

to the Employer in relation to the works for any purpose in connection with the construction, re-

construction, refurbishment, repair, maintenance and extension of the works, with such licence

being capable of transfer to any third party without the consent of the Contractor.

2.6.2 The Contractor vests in the Employer full title to the intellectual property and copyright in the

design data created in relation to the works, irrespective of where or what those works may be.

2.6.3 The Contractor grants the Employer a non-exclusive license, in accordance with the provisions

of Section 22 of the Copyright Act 1978, to copy any document/calculation compiled/done by the

Contractor in connection with the Works, to make free and unrestricted use thereof for his own

purposes, modify some or having it modified by a third party for any reasons, to provide copies

thereof to a third party (Contractors or Consultants) of the Employer to be used by them for the

purposes of tendering or consultancy.

2.6.4 Furthermore, if any such document/calculation by any principal Contractor or Subcontractor is

used for the Works, the Contractor requests such principal Contractor or Subcontractor to grant

to the Employer a similar non-exclusive license for the purposes set out herein. The provisions

of this clause do not apply to documents made in connection with the manufacturing process of

Plant but only to the Plant itself.

2.7 As-built drawings, operating manuals and maintenance schedules

2.7.1 The Contractor provides the following:

2.7.1.1 The Contractor prepares three (3) marked up hard copies of the latest revision of the Employer

documents/drawings to represent the As-Built/Final status.

2.7.1.2 The mark-ups shall be in RED pencil or pen and be complete and accurate. The Contractor

submits same to the Project Manager under cover of a Contractor’s Transmittal Note.

2.7.1.3 The Contractor provides manuals in an A4 hard covered, red, grease and waterproof binder,

using 2 ring type binders. The manuals are well indexed and user friendly and include a

summarized Table of Contents.

2.7.1.4 Drawings and charts larger than A4 are folded and those greater than A3 are enclosed in an A4

plastic pocket of adequate strength.

2.7.1.5 The Contractor submits the draft Table of Contents to the Project Manager for acceptance prior

to the compilation and official submittal of the manuals.

2.7.1.6 The originals of all brochures shall be issued to the Project Manager. When a general brochure

is applicable to a range of equipment, then the specific item, catalogue number or model number

shall be stated, which is best achieved by introducing a separate index page, which cross-

references the specific item to a tag number.

2.7.1.7 Where manuals include drawings that still need to be revised to “As-Built” status, and such

manuals are required prior to ‘As-Built’ status, the manual will not be considered to be in its final

form until the “As-Built” version of each such drawing has been incorporated. The required

number of copies of the manual (s) shall be as specified by the Project Manager and submitted

per type or model number of equipment included in the contract, or as specified by the Project



Manager. A typical example of what the binder/file (s) shall be marked with on the spine and the

front cover is as follows:

Project No./Name

Manual Title, e.g. Installation, Maintenance and Operating Manual

Manual Numbering (e.g. Volume 1 of 2, etc.)

Contract Number

Contractor Name

2.7.1.8 Unless otherwise stated, the required number of copies of all As-Built/Final/Data Packs shall be:

3 x hard copies (Full size)

4 x CD Roms with Adobe Acrobat (.pdf) and “Native” formats

2.7.2 As-Built/Final Documentation

In undertaking the ‘Works’ (including all incidental services required), the Supplier shall conform

and adhere to the requirements of the ‘Contractor Document Submittal Requirements’ Standard

included in Annexure B (Refer DOC-STD 0001).

2.7.3 Installation, Maintenance and Operating Manuals and Data Books

In undertaking the ’Works’ (including all incidental services required), the Supplier shall conform

and adhere to the requirements of the ‘Contractor Documentation Submittal Requirements’

Standard included in Annexure B (Refer DOC-STD 0001).



3 Construction

3.1 Temporary works, Site services & construction constraints

3.1.1 Employer’s Site entry and security control, permits, and Site regulations

The Port of Ngqura is a designated Security Area under the ISPS requirement, and in terms of

this, all access into the Port will be strictly controlled. The Contractor complies with the

requirements of the Employer with regard to Site entry. The cost of complying with this

access security, including labour transport and access requirements and maintaining access

cards for the people working on the Site are included in the tendered price.

3.1.1.1 The Contractor complies with the following:

a) The Contractor shall obtain the necessary entry permits for all staff working within the

area in accordance with the access control requirements of the Employer and shall issue

each personnel member with an appropriate identification card.

b) The Contractor identification cards which detail the person’s name, identity number and

the foreman / engineer responsible. All costs incurred in providing construction personnel

with ID cards shall be borne by the Contractor and shall be made by the Contractor to a

standard acceptable to the Project Manager.

c) The Contractor is also required to obtain the relevant permits for his Subcontractors and

all Suppliers. The Contractor is required to make applications for these permits on behalf

of his workers, Suppliers and Subcontractors and is to nominate a single person to liaise

with the relevant Port authorities. The Contractor is to make a cost and time allowance

for obtaining the necessary permits.

d) Each of the Contractor’s employees shall undergo a medical examination including a

drug test at CDC medical centre, certifying that the employee is fit and capable of

undertaking the assigned tasks, as applicable.

e) All people working within the Port of Ngqura are to undergo an induction on the port

health and safety, security and general procedures. The cost of the induction will be for

the Contractor’s account. The Contractor is to allow for a minimum of one day for the

induction period.

f) The minimum PPE requirements for any of the Contractor’s employees within the port

boundaries shall include hard hats, safety vests and safety boots. Where special

circumstances dictate this, or as per the Contractors activity based risk assessment, or

where so advised by the Employer, and/or TNPA, the Contractor shall also provide his

employees with, but not limited to, ear protection, eye protection, dust masks, safety

harnesses and life jackets.

g) All drivers of vehicles using the port operational roads shall undergo an induction course

to familiarise them with the terminal layout and the applicable regulations.

h) Each of the Contractor’s employees shall have a valid police clearance certificate.

i) The Contractor is responsible for the security of the Works until completion and hand-

over, and must make his own arrangements for security and the safekeeping of his

property. The Contractor's watchmen are allowed on site for this purpose.

j) The Contractor is to be in constant consultation with the Port’s security operations to

ensure compliance with all the required security procedures.



3.1.2 Restrictions to access on Site, roads, walkways and barricades

Contractor’s staff shall be confined to the working area and defined access routes and shall not

be allowed to be present in other areas of the Employer. Contractor staff found disobeying this

instruction will be subject to disciplinary action.

3.1.2.1 The Contractor complies with the following requirements of the Employer:

a) Access to the area where the Contractor is working is to be strictly controlled and will be

restricted to construction traffic only. No access will be given to private vehicles or public

transport and, in this regard, the Contractor is to make provisions for transporting his

labourers in from an external meeting / collection point.

b) The Contractor shall provide adequate and safe transport for all staff members between

the construction Site and Contractor yard, as well as transport to and from work.

c) No employees shall be transported in the vehicles that do not comply with road traffic

act.

3.1.3 Site management, traffic management and site delivery

a) The Contractor is required to establish a well-planned site management system. To

achieve this, the Contractor will provide a comprehensive well-planned work method and

schedule followed by the submission of a detailed risk assessment for approval and

implementation.

b) The Contractor shall develop a traffic management plan in order to ensure safety in

construction as well as with the interface with operations and the other Contractors.

c) The Contractor shall plan the delivery of equipment and materials to site accordingly.

The Contractor shall be responsible for temporarily upgrading the access route should

the Contractor deem it necessary for the delivery of the Contractor’s Equipment and/or

Materials to site.

d) The Contractor shall be responsible for ensuring the safe passage of construction traffic

to and around the Site at all times. The Contractor shall not traverse any areas outside

the immediate vicinity of the construction Site(s) or designated access routes approved

by the Project Manager. Any person(s) found contravening these restrictions will be

subject to disciplinary action and may be instructed to be removed off site.

3.1.4 People restrictions on Site; hours of work, conduct and records:

The working hours shall be in accordance with the requirements of the Department of Labour

and the Industrial Relations Policy included in Annexure G of the Works Information. This

information relating to working hours shall be supplied to the Project Manager, prior to

commencement of the proposed working hours. Normal working hours shall be Monday to Friday

07h00 – 17h00. If the Contractor requires working extended hours, a formal request shall be

submitted to the Supervisor for approval. Cost incurred by the Employer to accommodate

extended hours may be for the Contractor’s account. External lighting shall be directed at the

Working Areas and not away from the Site. People do not remain on the Site overnight without

the agreement of the Project Manager.

3.1.4.1 The Contractor complies with the following hours of work for his people (including

SubContractors) employed on the Site:

a) The Contractor keeps daily records of his people engaged on the Site and Working Areas

(including Sub-Contractors) with access to such daily records available for inspection by

the Project Manager at all reasonable times.



3.1.5 Health and safety facilities on Site

At all times during construction the Contractor is responsible for the safety of all persons on the

Site and on the equipment and shall have the necessary systems and procedures in place to

effectively manage this in relation to Transnet H&S requirements in addition to those of the OHSA

Act and Regulation (85 of 1993).

3.1.6 Environmental controls, fauna & flora, dealing with objects of historical interest

The Contractor shall perform the Works and all construction activities within the Site and Working

Areas having due regard for the environment and environmental management practices.

3.1.7 Title to Materials from demolition and excavation

a) The Contractor has no right to any Materials arising from demolitions if such Material is

to be re-used and re-incorporated into the new Works and is required for the Completion

of the Works as specified in the Works Information, Activity Schedules or Pricing

Instructions. Title to such materials remains with the Employer. The Project Manager

shall instruct the Contractor how to label, mark, set aside and/or dispose of such

materials for the benefit of the Employer in accordance with ECC Clause 73.1.

b) Where such materials become available for spoiling the Project Manager shall instruct

the Contractor how to label, mark, set aside and/or dispose of such Materials for the

benefit of the Employer in accordance with ECC Clause 73.1.

3.1.8 Cooperating with and obtaining acceptance of others

3.1.8.1 The works as described herein form one of a number of construction packages to be concurrently

undertaken as part of the overall project. The Contractor must make allowance for the necessity

to interface with the activities of others including the Employer, Project Manager, Others

appointed by the Employer and any other 3rd party stakeholders, in order to allow smooth,

uninterrupted construction, mitigate risk which could cause, and where possible completely avoid,

delays in construction between Contractors and to allow for safe access and working conditions.

3.1.8.2 The Contractor shall organise the work to cause the least possible inconvenience to other

construction activities or operations at the Site. Access for Others to adjacent areas shall be

maintained at all times. Temporary access points shall be provided for the Employer and other

Contractors working on other packages.

3.1.8.3 The Contractor shall be responsible for his own construction programme, which shall be subject

to approval by the Employer and Project Manager. Contractors shall be deemed to have allowed

in their tender for any additional cost to be incurred due to the foregoing. No claims for extra

costs for coordination and cooperation with Others will be entertained.

3.1.8.4 The Contractor shall manage all persons executing the works, including all sub-

Contractors/OEMs and suppliers undertaking temporary or permanent works, or supplying Plant

and Materials to Site.

3.1.8.5 The success of the project depends on the effective co-operation of all Contractors on site, and

the Contractor, if necessary, must discuss his programme on a day to day basis with the Project

Manager to ensure effective co-ordination.

3.1.8.6 The Contractor performs the works and co-operates with:

i. All authorised officials and employees of TNPA, and TGC.



ii. Other effected/associated 3rd parties.

iii. Any local and/or national authorities, including but not limited to traffic officials, the

Nelson Mandela Bay and officials of the CDC

iv. Others appointed by the Employer, including, but not limited to, the following Contractors:

a. Access Road and Pipeline Servitude Civil Contractor

b. Electrical Substation Contractor

c. Lighting and Power Contractor

d. Data and Telecommunications Contractor

e. CCTV and Access control Contractor

f. East Bank Entrance Facility Contractor

3.1.9 Risks

The Contractor will be required to provide method statements, risk assessments, job safety

analyses and the like, which shall specifically include measures to mitigate risks at identified high-

risk locations. Particular risks that have already been identified at such locations are outlined

below.

3.1.9.1 Camps and Laydown Areas

a) Shipment, loading and off-loading.

b) Rigging plans for installation of heavy goods.

3.1.9.2 Earthworks

a) Haulage to and from Site, including designated stockpile area.

b) Dealing with dust and water.

c) Preservation of topsoil and restoration of Site, in line with the environmental management

plans.

3.1.9.3 Relocation and Protection of Services and Infrastructure

a) It is not foreseen that any existing services and/or infrastructure have to be relocated,

however if required, Risk assessments, method statements and procedures must be

compiled and approved by the Employer for these works, including in particular the tie-

in of the existing and relocated sections of these services.

b) Measures for the protection of any existing or new services and/or infrastructure shall

also be documented. Risk assessments, method statements and procedures shall be

approved by the Employer prior to commencement of works near such services and/or

infrastructure.

3.1.9.4 Tie-Ins, Switch-Overs and Commissioning of Electrical Services

a) The Contractor shall compile detailed procedures, including risk assessments, for all

electrical tie-ins, switch-overs and commissioning of electrical installations.

b) These procedures shall be submitted to the Employer for approval well in advance of any

such activities, no less than eight weeks prior to the commencement of these works.

3.1.9.5 The above lists do not constitute a comprehensive schedule of such risks but are intended only

as an initial guideline to the Contractor.



3.1.10 Publicity and progress photographs

The Contractor shall obtain the permission and approval of the Employer before erecting any

notice boards, using the details of the contract in any advertising media or revealing any details

of the contract to the public. The Contractor does not advertise the contract or the project to any

third party, nor communicate directly with the media (in any jurisdiction) whatsoever without the

express written notification and consent of the Project Manager.

3.1.10.1 The site establishment area shall be clearly sign posted and be compliant with the relevant

safety regulations and restrictions that might be in place until the Contractor has de-established

from site and comply with OHS Act 85 of 1993.

3.1.10.2 The Contractor provides a comprehensive photographic record of the progress of the Works by

taking photographs at weekly intervals. The initial photographs are to be taken at the start of

the project, immediately prior to the commencement of any work. As far as possible each set of

photographs shall be taken from the same locations as the previous set.

3.1.10.3 The areas to be photographed and the quantity of photographs in each area will be determined

by the Project Manager.

3.1.10.4 Photographs are to be submitted in JPEG format, with a minimum resolution of 1200 x 800.

Each set of photographs must be accompanied by an index showing:

i. Contract reference

ii. Photograph file reference

iii. Date of photograph

iv. Subject matter

3.1.11 Contractor’s Equipment

3.1.11.1 The Contractor keeps daily records of his Equipment used on Site and the Working Areas

(distinguishing between owned and hired Equipment) with access to such daily records

available for inspection by the Project Manager at all reasonable times.

3.1.11.2 The Contractor, within fourteen days after completion, must completely remove from site all his

plant, materials, equipment, stores and temporary accommodation or any other asset belonging

to him and leaves the site in a tidy condition to the satisfaction of the Project Manager. No

excess or discarded materials, plant or stores may be buried or dumped within the Employer’s

boundaries.

3.1.12 Equipment provided by the Employer

The Employer does not provide any Equipment for the Contractor.

3.1.13 Site services and facilities:

Connection points for the various services, will be made available within the boundaries of the

site where available, as indicated by the Project Manager. The Contractor shall make his own

arrangements for the connection of existing services such as electricity, potable water, ablutions,

fire protection, lighting and any other services required for undertaking the Works. The cost of

meters, connections, reticulation and all other usage costs associated with the provision of

services shall be to the Contractor’s account. Where such services are purchased from the Port,

the applicable tariffs will be those that the Local Authority charges the Port and shall be obtained

by the Contractor. There is no water-borne sewage facility available. The Contractor shall provide

everything else necessary for providing the Works.



3.1.13.1 The Employer provides the following facilities for the Contractor:

a) The Site and access to the Site will be made available to the Contractor for the duration

of the works, subject to the limitations provided in this Works Information.

b) Yard and Laydown Areas

The Contractor may establish a yard and laydown areas as indicated under Part C4 -

Site Information. Provision of utility services shall be as detailed in the Site Information.

The Employer will not provide any further designated space on Site for the establishment

of offices, workshops, storage areas or the like. The Contractor may however liaise with

the Employer and Others engaged in concurrent construction activities to obtain their

consent for temporary storage of materials and equipment outside of the designated yard

and laydown areas. This will be at the sole risk of the Contractor.

The site establishment area shall be clearly sign posted and be compliant with the

relevant safety regulations and restrictions that might be in place until the Contractor has

de-established from site and comply with OHS Act 85 of 1993.

The Contractor shall ensure that the areas are properly fenced and secured at all times

and shall provide all access control. The areas may only be used for storage of materials,

temporary sanitation facilities and other essential activities required for the works.

Accommodation of the Contractor’s staff at the yard and laydown areas will not be

permitted. The Contractor may retain 24-hour security at the yard and laydown areas,

provided that proper temporary sanitation and shelters are provided.

3.1.13.2 Wherever the Employer provides facilities (including, inter alia, temporary power, water, waste

disposal, telecommunications etc.) for the Contractor’s use within the Working Areas and the

Contractor adapts such facilities for use, then the Contractor makes good and provides full

reinstatement to the land (including all apparatus of the Employer and Others in, on or under

the land) and surrounding areas to its original standard upon dismantling of such facilities and

hand-back to the Employer.

3.1.14 Facilities provided by the Contractor:

3.1.14.1 The Contractor provides the following facilities for the Project Manager and Supervisor:

a) The Contractor provides, maintains, moves to new positions as required and finally

removes proper portable toilets of sufficient number at his cost. Toilets are to be properly

constructed and placed in suitable positions and maintained in a clean and sanitary

working condition. Where no suitable connection to a sewerage system is feasible,

conservancy tank, or chemical type toilets may be used. The Contractor makes his own

arrangements with the Local Authority for the disposal of night soil at his cost.

b) The Contractor must make his own arrangements for the disposal of sewerage and waste

water. Sewerage may not be disposed of on site. Transnet facilities may not be used.

c) Strictly no housing will be permitted within the Contractor’s laydown area or anywhere

else within the port boundaries. The Contractor shall make his own arrangements for

housing his employees and transporting them to and from the Working Area.

d) Offices for Project Manager’s Representative

The Contractor shall supply, install, connect and maintain 2 No. 6m x 3m site offices for

sole use of the Supervisor and his team. Each office shall be complete with a 9500BTU

air conditioning unit, burglar bars, 2 No. desk, 2 No. office chairs, 200 visitor’s chairs and

a steel filing cabinet. Daily office cleaning will be provided by the Contractor. The

Contractor shall move the office if and when necessary as the Site boundaries change.



The Contractor shall remove the office from Site after Completion of the whole of the

works.

The Contractor shall supply, install, connect and maintain 1 No. 12m x 3m portable

meeting room/hot desk space for sole use of the Supervisor and his team. The meeting

room shall be complete with a 9500BTU air conditioning unit, burglar bars, and 1

boardroom table for 16pax with 16 office chairs. Daily office cleaning will be provided by

the Contractor. The Contractor shall move the office if and when necessary as the Site

boundaries change. The Contractor shall remove the office from Site after Completion of

the whole of the works.

The Contractor shall supply, install, connect and maintain a fully serviced (daily) 1 No.

6m x 3m portable kitchen for sole use of the Supervisor and his team. The kitchen shall

be complete with a 9500BTU air conditioning unit, burglar bars, cupboard, table, chair,

fridge (minimum 600l gross volume), microwave (800 watt), kettle, 12 no cups and cutlery

(set with 12 No.). Tea (rooibos and five roses), coffee (Nescafe), sugar, milk and filtered

water provided for 8 pax. The Contractor shall move the office if and when necessary as

the Site boundaries change. The Contractor shall remove the office from Site after

Completion of the whole of the works.

i. 4 No. shaded parking bays for the Supervisor and his teams’ use

ii. 1No. A3 Scanner, printer, copier combination (Colour)

iii. Stationary with paper as required

iv. Minimum 3G Wi-Fi for Supervisor and his teams’ use

e) Temporary lighting and fencing

f) The Contractor must ensure that the working area is well lit at night and that all the

fences, obstacles and hazards are marked. The Contractor provides temporary lighting

and fencing around every section occupied by them during the construction of the Works.

Such fencing demarcates and secures the construction area at each stage and is erected

before work starts in that area and removed only upon completion of that area and re-

erected as work proceeds. The Contractor includes for all costs such as lighting and

fencing, including access control into and out of these restricted areas. The Project

Manager’s acceptance is to be obtained for the use of any temporary lighting on the Site

due to the impact that this may have on vessel traffic in the harbour and/or interference

with surrounding communities

g) Temporary buildings and fencing shall be neat and presentable and the Site area shall

be kept in a neat, clean and orderly condition.

h) The Contractor submits the following drawings to the Project Manager for acceptance

before commencing with the establishment of the site facilities:

i. Location drawing showing the area to be occupied by the Contractor in relation

to the Port infrastructure.

ii. Layout drawing of the proposed facilities.

3.1.14.2 Wherever the Contractor provides facilities (either his own or for the Project Manager and/or

Supervisor) and all items of Equipment, involving, inter alia, offices, accommodation,

laboratories, Materials storage, compound areas etc., within the Working Areas, then the

Contractor makes good and provides full reinstatement to the land (including all apparatus of

the Employer and Others in, on or under the land) and surrounding areas to its original standard,

upon dismantling of such facilities and items of Equipment.



3.1.14.3 Unless expressly stated as a responsibility of the Employer as stated under 3.1.13 Site services

and facilities, all residual requirements for the provision of facilities and all items of Equipment

necessary for the Contractor to Provide the Works remains the responsibility of the Contractor.

3.1.15 Existing premises, inspection of adjoining properties and checking work of Others

The Contractor shall visit the Site of the proposed works and acquaint themselves with the nature

of the works, the conditions under which the works are to be performed, the means of access to

the Site and all further matters that may influence or affect execution of the works.

3.1.15.1 The Contractor inspects the existing infrastructure of with which the works interfaces in

conjunction with the Project Manager:

i. Electrical and Electronic Installations and Facilities

ii. Operational and Security Lighting: Existing outdoor operational and security lighting

infrastructure within, and external to the port area.

3.1.16 Survey control and setting out of the works

Any topographical survey carried out as part of the works shall be undertaken by a SAGC

registered surveyor, to be appointed by the Contractor and to be approved by the Employer.

The Contractor shall appoint such a competent surveyor to properly set out all works prior to

installation, as well as after installation for as-build documentation purposes. Should the Project

Manager be unsatisfied with the setting out or any other associated survey details, he may

request that an additional surveyor be appointed to validate all coordinates.

3.1.16.1 The Employer provides the following information and survey controls for the Contractor:

a) Complete land surveys of the Site were carried out by a professional land surveyor.

Survey reference points will be provided by the Employer. The Contractor shall, within

two weeks after the Site has been handed over to him, ascertain himself of the

correctness of all surveys and reference points.

b) Any discrepancy shall immediately be reported in writing to the Employer. Any costs

arising from discrepancies that were not reported to the Employer within the

aforementioned period shall be the sole responsibility of the Contractor.

c) The Contractor shall take care that property beacons, trigonometrical survey beacons or

setting-out beacons are not displaced or destroyed without the consent of the Employer.

Property beacons and trigonometrical survey beacons that have been displaced or

destroyed shall be replaced by a registered land surveyor, who shall certify such

replacement.

d) The cost of replacing any beacons displaced or destroyed during the course of the

Contract without the consent of the Employer shall be to the Contractor’s account.

e) The Contractor is to note that the co-ordinates shown on all drawings relate to the WGS

84 survey system. A local system using LO18 has been used for this project.

3.1.17 Excavations and associated water control

It is the responsibility of the Contractor to ensure that all excavations are rendered safe and

suitable for construction and conform to the requirements of the Construction Regulations (CR

13). The Contractor shall not continue construction in conditions that the Project Manager does

not approve of. The Contractor will be required to design and submit for approval the methods of

excavation.



3.1.17.1 The Contractor complies with the following requirements:

a) The Contractor shall consult the Project Manager prior to undertaking any excavation

work.

b) All excavations deeper than 1.5 m below ground level shall either be fully shored or the

sides shall be battered back to a safe angle as determined by the strength of the soil,

and approved by the relevant competent person appointed in writing in terms of the

Occupational Health and Safety Act 85 of 1993. An evaluation of the stability of the

ground, as far as reasonably practicable, is to be undertaken prior to excavation.

c) The Contractor shall be responsible for the protection of the works including the provision

of the temporary drainage works such as drains, open channels and banks etc. and

providing and operating temporary pumps and such other equipment as may be

necessary for adequately protecting and dewatering the works. Work performed by the

Contractor as part of the protection of the works shall be deemed included in the tendered

rates for the various items captured in the Bills of Quantities.

d) The Contractor shall obtain all the necessary work permits before starting any

excavations in accordance with health and safety procedures.

e) The Contractor shall be liable for all claims arising out of any damage caused by such

excavation if the Contractor fails to exercise the requisite care and attention in carrying

out the excavation.

f) The control of water during construction, including in particular dewatering of deep

excavations, shall be managed and controlled in accordance with method statements to

be compiled by the Contractor and approved by the Project Manager prior to the

commencement of the works. These method statements shall include all measures that

are required to remove or mitigate adverse environmental impacts. The Contractor will

only be allowed to construct such drainage water control systems once the method

statement is approved by the Project Manager.

3.1.18 Underground services, other existing services, cable and pipe trenches and covers

3.1.18.1 No excavations shall be done within and outside the port area, as applicable, in the absence of

a written permit, to be issued by the port authorities and other relevant parties. The Contractor

shall also ensure that any other required permits to excavate are in place.

3.1.18.2 The Contractor is required to liaise with the Project Manager or Supervisor and establish as

accurately as possible, the location of the various existing services situated within the working

areas and record all such information on a suitable “marked-up” drawing for reference at all

times. As far as possible, existing services have been shown on the drawings included in this

contract. The drawings showing the existing services are supplied as a guide only.

3.1.18.3 The Contractor must thereafter exercise due care and attention in carrying out the agreed

excavation work as may be directed by the Project Manager to avoid damage or disruption to

existing services.

3.1.18.4 Where any live, existing or new services are anticipated, the Contractor shall excavate by hand

trial pits and proving trenches. Prior to commencing with such hand excavations, the Contractor

shall provide detailed and specific method statements, risk assessments and the like for

approval by the Employer.

3.1.18.5 Care shall be taken by the Contractor to protect all existing services, unless they are confirmed

to be abandoned or will be replaced as part of this project. The same care shall apply to any

new services.

3.1.18.6 If any existing and/or new service is damaged, that should have been located or protected by

the Contractor, the Contractor shall be required to carry the cost of the repair of that service.



3.1.18.7 Should any service be damaged by the Contractor, it is the responsibility of the Contractor to

report such damage to the Project Manager immediately.

3.1.18.8 Where the Contractor encounters existing services the Contractor undertakes the following:

i. Immediately notify the Project Manager of the located service.

ii. Immediately notify the relevant utility owners or officials.

iii. Ascertain whether the service is still required and must remain live, or whether the service

has been abandoned.

iv. If the service is confirmed as abandoned, the Contractor shall remove such service, if so

instructed by the Employer.

v. If the service is deemed live, it shall be protected by the Contractor and marked on the

specific record drawing(s) for that area or service discipline. The service shall be

demarcated by placement of brightly painted wooden stakes to provide clear visibility of

such services to the construction teams and others working in the area.

3.1.19 Control of noise, dust, water and waste

The Contractor shall take all reasonable steps to contain unacceptable levels of noise and dust,

in accordance with the specified and referenced environmental, health and safety requirements.

The control and disposal of water and waste must be expressly stated and approved by Project

Manager prior to any of these activities taking place.

3.1.19.1 The Contractor complies with the following:

a) The Contractor is to provide dust suppression as per the CEMP, PES and SES

documents to ensure that dust levels resulting from the Contractor’s construction traffic

are kept to the required safety and environmental standards as specified in the relevant

project environmental specifications.

b) The control of water during construction, including in particular drainage of deep

excavations, shall be managed and controlled in accordance with method statements to

be compiled by the Contractor and approved by the Project Manager prior to the

commencement of the works. These method statements shall include all measures that

are required to remove or mitigate adverse environmental impacts.

c) The Contractor shall dispose of all waste products at an appropriately licensed and

registered waste disposal site, to be approved by the Project Manager. The Contractor

shall provide written proof that all permits for the waste disposal site are in place. Waste

may not be disposed of at the designated stockpile area, as described in Part C4 – Site

Information.

3.1.20 Giving notice of work to be covered up

The Contractor shall notify the Supervisor prior to covering up any of the completed works, so as

to allow the Supervisor time for inspection of those works. This notification is given not less than

48 (forty eight) hours prior to the proposed covering up.

3.1.20.1 The Contractor notifies the Supervisor of the following elements of the works which are to be

covered up:

i. All foundations of new structures on Site.

ii. All reinforcement and shuttering prior to concreting.

iii. All buried pipelines, services ducts and subsoil drains, where relevant, including pressure

testing of water pipelines.



iv. All earthworks and layerworks for the main road and bypass lanes.

3.2 Completion, testing, commissioning and correction of Defects

3.2.1 The work to be done by the Completion Date

On or before the Completion Date the Contractor shall have done everything required to Provide

the Works including the work listed below which is to be done before the Completion Date and in

any case before the dates stated. The Project Manager cannot certify Completion until all the

work listed below has been done and is also free of Defects, which would have, in his opinion,

prevented the Employer from using the works and Others from doing their work.

Item of work To be completed by

Submission of all data packs, quality assurance records and as-built drawings

30 days after Completion date

Submission of all As-built drawings 30 days after Completion date

The Contractor ensures that the Project Manager has a full and accurate dossier of As-built

documents that represent the status of the completed works (to include Plant within the works)

to present to the Employer.

3.2.2 The Contractor is permitted to carry out the following works after Completion:

3.2.2.1 The Contractor is permitted to remove temporary facilities from site after completion

3.2.3 Use of the works before Completion has been certified

Nil.

3.2.4 Materials facilities and samples for tests and inspections

The Contractor provides the Employer with the following materials, facilities and samples during

the provision of the Works, as per ECC Clause 40.2:

3.2.4.1 The Contractor is required to provide all materials, facilities and samples for any tests required in

Item 4 Plant and Material Standards and Workmanship below.

3.2.4.2 The Contractor shall furnish samples of any Plant that is other than, or different to, that specified

by the Employer’s Engineers, to the Supervisor for Acceptance by the Employer’s Engineers.

The Contractor is prohibited from installing said Plant without the required prior authorization from

the Employers Engineers.

3.2.4.3 The Contractor shall furnish samples of any Plant that is other than, or different to, that required

by the Employer’s Engineering Specifications, that shall be utilised in the Contractor’s Designs,

to the Supervisor for Acceptance by the Employer’s Engineers. The Contractor is prohibited from

installing said Plant without the required prior authorization from the Employer’s Engineers.

3.2.4.4 The Contractor shall furnish samples of any Plant that is proposed to be used in the Contractor’s

Designs, to the Supervisor for Acceptance by the Employer’s Engineers. The Contractor is

prohibited from designing with, and subsequently installing said Plant without the required prior

authorization from the Employer’s Engineers.



3.2.4.5 Samples, tests and inspections required of the Contractor, shall be as specified in Section 3 of

C3.1 or any other standards, specifications or statutory requirements referred to therein or

annexed thereto.

3.2.4.6 The Contractor shall give notice to the Supervisor of the required inspection not less than 48

hours before the inspection is required.

3.2.5 The Employer will not provide any materials or facilities for the use of the Contractor, to perform

tests and inspections.

3.2.6 The Contractor ensures that the documentation as described under paragraph 3.2.1 of the Works

Information is presented to the Project Manager before Completion.

3.2.7 The Contractor ensures that the Project Manager has a full and accurate dossier of As-built

documents that represent the plant, services and systems that reflect the status of the completed

Works for Mechanical, Electrical, Civil and Structural (and including Plant within the Works) to

present to the Employer.

3.2.8 The Contractor ensures that the Project Manager has a full and accurate dossier of Maintenance

and Operating Manuals that represent the buildings, plant, services and systems that reflect the

status of the completed Works for Mechanical and Electrical (and including Plant within the

Works) at the earlier of take-over or Completion.

3.2.9 Where the Contractor has presented Maintenance and Operating Manuals that represent the

buildings, plant, services and systems that reflect the status of the completed Works for

Mechanical, Electrical, Control and Instrumentation, General Layouts and Detail Drawings, (and

including Plant within the Works) to the Project Manager at take-over, the Contractor modifies

and updates As-built documents as necessary prior to Completion.

3.2.10 Access given by the Employer for correction of Defects

The Contractor complies with the following constraints and procedures of the Employer where

the Project Manager arranges access for the Contractor after Completion:

Where the Contractor has to return to Site after Completion to rectify notified Defects, the

Employer may either impose the same Site access / egress restrictions as communicated

elsewhere under C3.1 Employer’s Works Information at the starting date / access date stated

under Contract Data - Part One, or as the works are now in use or the Employer’s occupation of

the Site may be incrementally or substantially changed post Completion, there may be further

access / egress restrictions stated here at paragraph 3.2.13 of C3.1 Employer’s Works

Information.



4 Plant and Materials Standards and Workmanship

The Contractor provides Plant and Materials for inclusion in the Works in accordance with the

Standard Specifications and/or Project Specifications, unless otherwise stated elsewhere in the

Works Information provided by the Employer. All Plant and Materials are new, unless the use of

old or refurbished goods and/or Materials are expressly permitted as stated elsewhere in this

Works Information or as may be subsequently instructed by the Project Manager.

The Contractor replaces any Plant and Materials subject to breakages (whether in the Working

Areas or not) or any Plant and Materials not conforming to standards or specifications stated and

notifies the Project Manager and the Supervisor on each occasion where replacement is required.

i. No Plant or Materials will be provided “free issue” by the Employer

ii. The Contractor provides all Plant and Materials necessary for the Works.

iii. The Contractor supplies all certification including test certificates, user manuals,

maintenance manuals and data books with respect to Plant and Materials procured for

the Works.

4.1 Investigation, Survey and Site Clearance The Contractor will be responsible for setting out the Works.

The Contractor validates the information provided by the Project Manager and records all existing

and final levels on a survey drawing and presents this to the Project Manager for acceptance.

4.1.1 The Contractor carries out the following investigations at the Site:

i. Additional geotechnical investigations as deemed necessary by the Contractor, by the

Employer or by the Project Manager.

ii. Additional topographical surveys where deemed necessary by the Contractor, by the

Employer or by the Project Manager.

4.2 Civil Engineering and Structural Works

4.2.1 Where the SANS 1200 series of Specifications are used within the Works Information, the

following interpretations and meanings shall apply:

4.2.1.1 In case of any conflict in interpretation, ambiguity or discrepancy between any SANS 1200

Specification (whether standard or written as a particular project specification) contained in the

Works Information and the conditions of contract, the conditions of contract take precedence

within the ECC contract.

4.2.1.2 In case of any conflict in interpretation, ambiguity or discrepancy between any SANS 1200

Specification (whether standard or written as a particular project specification) contained in this

paragraph 4.3 of the Employer’s Works Information and specific statements contained elsewhere

in C3.1 Employer’s Works Information, the specific statements contained elsewhere shall prevail,

without prejudice to the Project Manger’s express duty to resolve any ambiguity or inconsistency

in the Works Information under ECC Clause 17.1.

4.2.1.3 Within SANS 1200 A: GENERAL, the following amendments and interpretations shall apply:

Where the word or expression “Employer” is used, read “Employer”;

Where the word or expression “Contractor” is used, read “Contractor”;

Where the word or expression “Engineer” is used, read “Project Manager” or “Supervisor” as the

context requires;

Where the word or expression “schedule of quantities” is used, this is deleted in entirety.

Assessment and payment is in accordance with the conditions of contract (and the ECC main

and secondary options stated therein);



4.2.1.4 Within SANS 1200 A: GENERAL 2.3 DEFINITIONS, the following apply:

“Acceptable. Approved (Approval)” is interpreted as either a Project Manager or a Supervisor

communication or instruction in relation to Works Information compliance, consistent with the

conditions of contract as the context requires;

“Adequate” is deleted. The Project Manager notifies the Contractor where the Contractor has not

complied with the Works Information;

“Measurement and payment” and the further definitions contained within 6.3 c) are deleted.


and secondary options stated therein);

4.2.1.5 Within SANS 1200 A: GENERAL 2.6 APPROVAL, the following applies:

“Approval” by either the Project Manager and/or the Supervisor is without prejudice to ECC

Clause 14.1 and, inter alia, ECC Clauses 13.1, 14.3 and 27.1.

4.2.1.6 SANS 1200 A: GENERAL 2.8 ITEMS IN SCHEDULE OF QUANTITIES, is deleted in entirety.


and secondary options stated therein).

4.2.1.7 SANS 1200 A: GENERAL 3.2 STRUCTURES AND NATURAL MATERIAL ON SITE, applies only

to the extent that it is consistent with paragraph 3.1.6 of C3.1 Employer’s Works Information.

4.2.1.8 Within SANS 1200 A: GENERAL 7.1 PLANT, the following applies:

Where the word or expression “Plant” is used, read “Equipment”.

4.2.1.9 SANS 1200 A: GENERAL 7.2 CONTRACTOR’S OFFICES, STORES AND SERVICES, applies

but the Project Manager resolves any inconsistency with statements included within paragraph

3.1.12 of C3.1 Employer’s Works Information.

4.2.1.10 SANS 1200 A: GENERAL 3.1 SURVEY, applies only to the extent that it is consistent with

paragraph 3.1.14 of C3.1 Employer’s Works Information.

4.2.1.11 Within SANS 1200 A: GENERAL 3.2 WATCHING, BARRICADING, LIGHTING AND TRAFFIC

CROSSINGS, the following applies:

Where the word or expression “specification” is used, read “Works Information”.

4.2.1.12 SANS 1200 A: GENERAL 3.4 PROTECTION OF OVERHEAD AND UNDERGROUND

SERVICES applies only to the extent that it is consistent with the specific statements made

elsewhere in C3.1 Employer’s Works Information and in any case and at all times consistent

with the conditions of contract.

4.2.1.13 Within SANS 1200 A: GENERAL 5 TESTING, the following applies:

Where the word or expression “Engineer” is used, read “Supervisor”.

4.2.1.14 SANS 1200 A: GENERAL 8 MEASUREMENT AND PAYMENT, is deleted in entirety.


and secondary options stated therein).

4.2.1.15 The principles, meanings and interpretation stated and established within paragraphs 6.3.1 to

6.3.15 with respect to SANS 1200 series and to SANS 1200 A: GENERAL equally apply to the

other SANS 1200 specification references [state particulars of SANS 1200 used ] used within

this paragraph 6.3 of C3.1 Employer’s Works Information.

4.2.2 Security Fencing

4.2.2.1 The fence must conform to the following specifications:

i. The minimum life span installed shall be a minimum of 10 years prior to any maintenance

being required.

ii. The fence must be HSF with unobstructed views (as per the drawings)

iii. All steel materials shall be of good commercial quality, galvanized steel.



iv. All pipes shall be galvanized, one piece without joints. Furnish moisture proof caps for

all posts.

v. Zinc coating shall be smooth and essentially free from lumps, globs, or points.

vi. Miscellaneous material shall be galvanized.

vii. All HSF posts shall be set in 400 x 400 750 deep footing with a minimum of 25 MPa (28-

day compressive strength) concrete, 19 mm aggregate.

4.2.2.2 In addition the fence installation must conform to the following requirements:

i. Certificate of compliance for materials and coatings

ii. Quality control program shall be submitted to the Project Manager for review prior to

commencement of any work

iii. Product Performance Guarantee Certificate (min 10 years)

4.2.2.3 Description of Fence System

a) Post:

i. Post shall taper at the end

ii. Post shall be sealed with a UV stabilized polymer cap and fitted with a 12mm

base pin.

iii. Post finish shall be Hot Dipped Galvanized then Anti corrosion Bond Coated.

b) Panel:

i. Panel shall be of 1.95 m width and 2.475 m in height.

ii. 40 x 40 x 3 Angle pales to be used

iii. Spikes shall be cut to form “Spear heads”

iv. Panel and fixtures shall be galvanized then anti corrosion bond coated.

c) Base plate and bolts:

i. The shall be welded onto a 12mm think base plate,

ii. And bolted with M16 x 105mm long grade 316 stainless steel “throughbolts”

d) Post foundations

i. All gate posts shall be set in 500 x 500 x 900mm deep footing with a minimum

25 MPa (28-day compressive strength) concrete, 19 mm aggregate.

4.2.2.4 Setting out

The Contractor is to set out the fence line and gate positions in clearly identifiable markers and

is to verify the actual positions, sizes and lengths on site with the Project Manager prior to

manufacturing.

4.2.2.5 Gates

a) This Contract calls for the supply, fabrication and installation of palisade fencing gate/s.

b) The gates must be manufactured of steel and match the HSF panel specification as listed

above. They must be to the full fence height.



c) Double hinges must be supplied. Allowance to be made for a lock plate and anchor rods

for securing in the closed position.

d) The gates must be galvanized and corrosion protected using the same method as for the

fence.

e) In the event of a collision with the gate, fence foundations must not be disturbed.

4.2.3 Concrete, Formwork and Reinforcement

This section covers the construction of all new reinforced concrete and associated concrete

works requirements for the proposed construction of the East Bank Perimeter Security Fence at

the Port of Ngqura, as directed by the Engineer.

4.2.3.1 Particular specifications

The following specifications shall apply:

a) All in situ concrete work (mass and reinforced) shall comply with SANS Specification

1200G (“8 Measurement and Payment” is not applicable) supplemented by the clauses

in this section. Where SANS Specification 1200G and the clauses in this section are in

conflict the clauses in this section shall take precedence.

b) In addition the "Model Preambles for Trades" as recommended and published by the

Association of South African Quantity Surveyors, 1999 Edition, shall be read in

conjunction with and shall apply to all items in the Bill of Quantities not covered by the

'SANS Standardised Specifications' SANS 1200 Series

c) Where the term “plain concrete” appears in SANS Specification 1200G it shall be read

as “mass concrete”.

SANS 1200 G Concrete

SANS 2001: CC1 Construction Works: Concrete Works (Structural)

SANS 1083: 2006 Aggregates from natural sources

SANS 10100-2:2000 The Structural use of concrete – Part 2: Materials and execution

of work.

SANS 50197-1:2000 Cement – composition, specifications and conformity criteria. Part

1: Common cements

SANS 1491-1:2005 Portland cement extenders – Part 1 Ground granulated blast

furnace slag

SANS 1491-2:2005

Portland cement extenders – Part 2 Fly ash.

SANS 1491-3:2006 Portland cement extenders – Part 3 Condensed Silica Fume

S437 (Transnet) Concrete Pavement

4.2.3.2 Cement

a) Common cements, complying with SANS 50197-1 shall be used for all concrete work.

On no account shall masonry cements be used for concrete work, even if the strength

designations are the same as for common cements.



b) The Supervisor for test purposes may require samples of cement from any one, or from

every consignment. Cement in any consignment from which a sample may have been

taken for testing shall not be used until it has been approved. Allowance must be made

for possible delay in that tests may take 10 days to carry out.

c) Bags of cement shall be stacked in a waterproof, solidly constructed shed with a central

door and a floor rendered damp-proof with a tarpaulin. The bags of cement shall be

closely stacked (but not against walls) in order to reduce air circulation in such a manner

that the cement is used in the order in which it was received, i.e. first in first out.

4.2.3.3 Alkali reactive concrete

Alkali Reactive Aggregates shall not be used in this project. The equivalent Na2O content of the

concrete shall not exceed 2, 0 kg/m3 where % Na2O equivalent = % Na2O + (0,658 x %K2O)

4.2.3.4 Aggregates

a) Fine and coarse aggregate shall comply with the relevant clauses of SANS 1083.

b) Where aggregates have constituents, which in the opinion of the Project Manager, may

give rise to damage due to alkali-aggregate reactions, the provisions of 6.3.3.3 shall be

applicable.

c) Evidence of compliance of the aggregates with the requirements of 6.3.3.1 & 6.3.3.2 shall

be furnished as early as practical. No aggregate shall be delivered for use in the works

until approval is given.

d) Sand (fine aggregate):

i. The fine aggregates shall comply with the requirements of SANS Specification

1083. Other aggregates may be approved if they have a satisfactory history and

/ or test results.

ii. No aggregate may be used until it has been approved. Samples having a mass

of 25kg

iii. (16.5 litres of the proposed aggregate to be used may be required by the

Supervisor for test purposes. Samples having a mass of 25kg shall be forwarded

every 3 months during concreting work and also if the source of supply is

changed. Allowance must be made for possible delay in that the tests may take

14 days to carry out.

4.2.3.5 Admixtures

Admixtures containing chlorides will not be permitted in reinforced concrete.

4.2.3.6 Cover blocks

a) Cover blocks used to ensure the cover to reinforcement shall be made of cement mortar.

b) Cover blocks shall be dense and have a minimum 28 day crushing strength of 30 MPa

and shall be cured in water for at least 14 days before being used.

c) Cover/spacer blocks made of plastic will not be permitted.

4.2.3.7 Concrete quality



a) Prior to the start of any concrete work on site, the Contractor shall submit a quality

assurance plan which will ensure compliance with specification and provide acceptable

documentary evidence that all specified operations have been carried out satisfactorily.

b) Where the minimum dimension to be placed during a single pour is larger than 600mm,

and the cement content of the reinforced concrete exceeds the following:

Cement Types I and II/ * S : 400 kg/m3

Cement Types II/B-V and II/B-W : 450 kg/m3

c) The Project Manager may require that measures be instituted to reduce heat

development in the concrete.

4.2.3.8 Unreinforced concrete

a) Class A Concrete:

Filling to cavity of hollow walls.

a) Unreinforced concrete cast against excavated surfaces


Surface blinding under footings and bases.

4.2.3.9 Reinforced concrete

a) 30 MPa/19mm Concrete:

Bases.

Foundation beams.

Surface beds cast in panels on waterproofing.

Walls in foundations (Provisional).

Columns in foundations (Provisional).

4.2.3.10 Batching

a) All cementitious binders shall be batched by full sack or by mass batching with approved

precision weighing equipment.

b) All aggregates shall be precisely measured by mass using approved precision weigh-

batching equipment, unless otherwise permitted by the Project Manager.

c) Should any variation in the composition of the aggregate become apparent, the Project

Manager shall be notified and a further sample of aggregate submitted immediately for

his approval.

4.2.3.11 Concrete placing

a) The size, shape and depth of any excavation shall be approved by the Project Manager

before concrete is placed.

b) Unless otherwise permitted by the Project Manager, no concrete shall be placed until the

fixed reinforcement has been accepted by him and confirmed in writing by way of a

release certificate.



4.2.3.12 Construction joints

a) Unless otherwise shown on the drawings, the exact position of horizontal construction

joints shall be marked on the formwork by means of grout checks in order to obtain truly

horizontal joints.

b) Stub columns, stub walls and stays on footings shall be cast integrally with the footing

and not afterwards, even where another class of concrete is being used.

c) Joint lines shall be so arranged that they coincide with features of the finished work.

d) Where new concrete is to be cast against a hardened concrete surface, neat cement

slurry mixed to a creamy consistency shall be brushed onto the cleaned concrete

surface.

e) Contraction joints shall be smooth and shall have one coat of limewash or PVA applied

to the older surface prior to casting the fresher concrete.

4.2.3.13 Slip Joints between Concrete and Brickwork

a) Slip joints shall be provided between brickwork and concrete slabs and beams by

levelling up and towelling smooth the bearing surfaces of brickwork with 3:1 cement

mortar and covering the bearings before the concrete is basted, with two layers of one

side smooth tempered hardboard, with the smooth sides in contact.

b) The ends and sides of beams and edges of concrete slabs shall be separated from the

brickwork with 13mm thick bitumen impregnated soft board or expanded polyethylene

strips placed vertically against the brickwork before the concrete is cast.

c) Similar slip joints shall be provided between brickwork and concrete lintels cast In situ,

but without soft board or expanded polyethylene strips at ends.

4.2.3.14 Movement Joints

All movement joints are to be filled in with approved bitumen impregnated soft board or expanded

polyethylene strip unless otherwise specified or detailed on drawings. Descriptions (prices) of

movement joints shall be deemed to include formwork.

4.2.3.15 Grouting

a) 25 MPa non-shrink cementitious grout:

b) Bedding approximately 25mm thick under base plate including chamfered edges all

round.

4.2.3.16 Curing compound

a) Unless otherwise directed by the Project Manager, the curing compound shall be:

b) An approved trafficable, resin-based, white pigmented, membrane forming for slopes

flatter than 1:1.

c) An approved clear, aesthetically acceptable, membrane forming for all other concrete

surfaces, including beam and slab soffits.

d) The curing compound shall comply with specification ASTM C309, except that the

maximum permissible water loss in the test shall be 0, 40 kg/m2.



e) Alternatively, the curing compound shall be acceptable if the treated concrete retains

90% or more of its mixing water when subject to the test set out in BS 8110 Part 1 –

Chapter 6.6.

4.2.3.17 Curing compound application

a) The total application rate of the curing compound shall be the greater of the supplier’s

specification or 0.90 l/m2. On textured concrete surfaces, the total application rate shall

be 0.90 l/m2.

b) In cases of concrete surfaces with run-off problems, it may be necessary to apply more

than one coat of membrane forming curing compound to obtain the specified total or

cumulative application rate.

c) Curing in accordance with SANS 1200 G shall commence on all concrete surfaces as

soon as it is practical in the opinion of the Technical Officer.

d) On unformed surfaces the curing compound shall be applied after finishing and as soon

as the free water on the surface has disappeared and no water sheen is visible, but no

so late that the liquid curing compound will be absorbed into the concrete.

e) On formed surfaces, the exposed concrete shall be wet with water immediately after the

forms are removed and kept moist until the curing compound is applied.

f) Application of the curing compound shall begin once the concrete has reached a

uniformly damp appearance with no free water on the surface.

g) Application of the compound may be done by hand or power spray.

h) The compound shall be applied at a uniform rate with two applications at right angles to

each other to ensure complete coverage.

i) Pigmented compounds, without a thixotropic agent, shall be adequately stirred to assure

even distribution of the pigment during application.

j) Unless otherwise directed by the Project Manager, the initial 24 hour curing of concrete

surfaces not covered by formwork shall be carried out by ponding, covering with

constantly wetted sand or mats, or continuous spraying in accordance with SANS 1200

G when the following climatic conditions occur:

i. Wind velocity greater than 5 m/s

and/or

ii.

and/or

iii. The relative humidity is below 60 %

k) If plastic shrinkage occurs, the concrete, while still plastic, shall be re-vibrated, floated

and re-coated with curing compound as if no curing has previously taken place.

4.2.3.18 Curing period

a) The curing period for concrete containing only CEM 1 shall be 7 days.

b) The curing period for concrete containing CEM 1 plus cement extenders (MGBS, FA)

shall be 10 days.

c) The curing period will start on completion of the concrete pour and for formed surfaces

shall include the time for which forms are still in place after the pour.



4.2.3.19 Concrete records

a) The Contractor shall maintain the following daily records for every part of the concrete

structure and shall make these available at all times during the progress of the work for

inspection by the Project Manager:

i. The date and time during which concrete was placed

ii. Identification of the part of the structure in which the concrete was placed

iii. The mixed proportions and specified strength

iv. The type and brand of cement

v. The slump of the concrete

vi. The identifying marks of test cubes made

vii. Curing procedure applied to concrete placed

viii. The times when shuttering was stripped and props removed

ix. The date of despatch of the cubes to the testing laboratory

x. The test results

b) The records shall be delivered to the Project Manager each week except in the case of

sub-standard concrete, when the Project Manager shall be informed immediately.

4.2.3.20 Tolerances

Deviations shall be within the limits listed in SANS 1200 G for degree of accuracy II unless

otherwise specified.

4.2.3.21 Testing and monitoring

Frequency of sampling and testing shall be as specified in SANS 1200 G

4.2.3.22 Cost of test

a) The costs of making, storing and testing of concrete test cubes as required under clause

7 'Tests' of SANS 1200 G shall include the cost of providing cube moulds necessary for

the purpose, for testing costs and for submitting reports on the tests to the Project

Manager. The testing shall be undertaken by an independent firm or institution nominated

by the Contractor to the approval of the Project Manager (Test cubes are measured

separately)

b) If the quantity of concrete from which samples were taken exceeds 40 m3, it shall be

subject to the testing of a minimum of 3 sets of samples per day from each grade of

concrete placed in each independent structure.

c) If the quantity of concrete from which samples were taken is less than 40 m3, it shall be

subject to the testing of a minimum of 2 sets of samples per day from each grade of

concrete placed in each independent structure.

d) If the Contractor disputes the results of the tests on concrete cubes, the concrete

represented by the cubes will be considered acceptable if the Contractor, at his own cost,

proves to the satisfaction of the Project Manager that the estimated actual strength of

cores taken from the structure, determined in accordance with SANS Standard Method

SM 856, is not less than the specified strength.



e) If the strength of the concrete fails to meet the acceptance criteria stipulated, the Project

Manager may in his sole discretion and in addition to the options listed in SANS 1200 G:

f) Accept the concrete subject to approved remedial measures being undertaken by the

Contractor; or

g) Permit the concrete to remain subject to the payment of a penalty

The penalty referred to will be determined as follows:

Penalty = V x R x F

Where,

V = Volume (in the opinion of the Project Manager) of concrete of unsatisfactory

strength represented by the test result.

R = Relevant scheduled rate

F = MPastrengthSpecified

concretetoryunsatisfacofstrengthAverage

61

Where the relevant scheduled rate (R) includes the cost of formwork or

F = MPastrengthSpecified

concretetoryunsatisfacofstrengthAverage

61

Where the relevant scheduled rate (R) excludes the cost of formwork or where no

formwork was involved.

4.2.3.23 Formwork

a) Rough formwork (degree of accuracy ii)

i. Rough Formwork to Sides:

Strip footings.

Bases.

Walls in foundations.

Outer face of walls flushes with perimeter of concrete structure.

Rectangular columns in foundations.

Edges not exceeding 300mm high

Rough Formwork to Circular Columns

b) Smooth formwork (degree of accuracy ii)

i. Smooth Formwork to sides:

Inner face of shaft walls.

Edges not exceeding 300mm high

4.2.3.24 Movement joints

a) Expansion joints with soft board between vertical concrete surfaces:

b) 12mm Joints not exceeding 300mm high.



4.2.3.25 Saw cut joints

a) 3.2 x 50mm And 6.4 x 20mm saw cut joints in two operations in top of concrete.

a) Seal Sikaflex-11FC on backing chord to manufacturer’s specification

b) Horizontal toggle construction joints through concrete including thick cement slurry to

one face.

c) Surface beds not exceeding 300mmm thick.

4.2.3.26 Reinforcement (provisional)

a) High tensile steel reinforcement to structural concrete work:

i. In various diameters and lengths

ii. Mild steel reinforcement to structural concrete work

iii. In various diameters and lengths

iv. High tensile steel reinforcement to structural concrete work

v. Fabric reinforcement:

vi. Fabric reinforcement type as specified on structural drawings.

4.2.3.27 Forming key to concrete for plaster, mosaic tiles and other finishes

a) Where rough formwork has been used, surfaces of concrete to receive plaster, mosaic

tiles and other finishes, shall, immediately after the formwork has been removed, be well

wetted and wire brushed whilst the concrete is still green and then shushed over with 2:1

cement grout to form a key for the finish, all to the approval of the Supervisor. The

shushing is to be allowed to set hard before the finish is applied.

b) Where smooth formwork is used, surfaces of the concrete to receive plaster, mosaic tiles

and other finishes shall be hacked, on the distinct understanding that hacking of concrete

shall be at no extra cost to the Employer.

c) Surfaces of concrete receiving plaster or other finishes shall not be plastered or finished

until the Supervisor has signified his opinion in writing that the surfaces are suitable to

receive plaster or other finishes.

4.2.3.28 Sleeve Pieces and Ties

a) Where it is necessary to leave plugs or holes in beams, slabs or any other reinforced

concrete, all such plugs or holes must be situated in positions approved by the Supervisor

before concreting. Where it is necessary to carry pipes, bolts, wires or any other fittings

through reinforced concrete members, approved pipe sleeves must be provided and

placed in position before concreting.

b) Where waste, ventilation water, heating or other pipes under 100mm diameter pass

through concrete slabs and beams, galvanised mild steel sleeve pieces or diameters

shown or required shall be cast into such concrete slabs and beams.

c) Chases shall be formed in edges of slabs or slots shall be formed in the slabs, or sizes

required, where two or more pipes pass through together.

d) All necessary bolts, plugs, brackets, cramps, etc. shall be cast into the concrete as the

work proceeds.



e) Where brickwork abuts against concrete, the brickwork is to be tied to the concrete with

galvanized hoop-iron ties 1.6m thick by 32mm wide and approximately 600mm long to

every third course of brickwork with one end of each tie cast approximately 150mm deep

into the concrete. Where such fixing is impossible, i.e. where steel formwork is used, the

ties are to be gun-nailed against concrete with steel nails to less than 38mm long.

4.2.3.29 Bagged Finish to Concrete

Concrete surfaces to receive bagged finish shall be prepared by removing sharp projections and

making good defects with 3:1 cement mortar. Finish by rubbing over the whole area with wet

rough sacking and cement grout to obtain an even surface.

4.2.3.30 Power Floated Finish

Power floated finish to floors etc. means that surfaces shall be floated c\mechanically to a smooth

and even finish before the concrete has set. Small areas inaccessible to the machine are to be

floated by hand. Under no circumstances is cement mortar to be added while floating the

concrete.

4.2.3.31 “No Fines” Concrete

“No-fines” concrete, for grading flat concrete roofs and the like to falls, shall be in the proportion

of 12 parts 19 iron cubical stone to 1 part cement mixed with 20 litres water per bag of cement

and be laid to falls of not less than 15mm per linear metre for mastic asphalt and not less than

20mm per linear metre for sheet roof covering. For heavy load applications special mix designs

may be required.

a) Fillets against up stands

Form triangular fillets, size 100 x 100mm, in corners with walls, kerbs, etc. neatly mitred

at angles, stopped where necessary and finished smooth ready to receive waterproofing.

b) To raised floor, bases, etc.:

No-fines” concrete for raised floors, bases, etc. shall be in the proportions specified.

Finished smooth with 3:1 sand/ cement screed to receive waterproofing.

4.2.3.32 Smooth Finish

a) Where described as “finished smooth from the mould” such surfaces shall have a layer

of fine stuff composed of 1:4 (1 part cement and 4 parts clean fine sand by volume)

packed against the faces of the mould before placing the concrete backing. The concrete

backing shall be disposed into the moulds in a wet state (not dry pressed) whiles the

facing is still wet.

b) Projections shall be rubbed off the faces shall be of even colour and free from blemishes,

cracks and other imperfections. Salient angles shall be arras rounded.



5 List Of Drawings

5.1 Drawings issued by the Employer This is the list of drawings issued by the Employer at or before the Contract Date and which apply

to this contract.

Note: Some drawings may contain both Works Information and Site Information.

Drawing number Revision Title

Civil

1124367-1-004-C-LA-0004-01 0A PROPOSED LAYOUT: SECURITY FENCE WEST

SHEET 1 OF 4

1124367-1-004-C-LA-0004-02 0A PROPOSED LAYOUT: SECURITY FENCE WEST

SHEET 2 OF 4

1124367-1-004-C-LA-0004-03 0A PROPOSED LAYOUT: SECURITY FENCE EAST

SHEET 3 OF 4


SHEET 4 OF 4


LONGITUDINAL SHEET 1 OF 3


LONGITUDINAL SHEET 2 OF 3


LONGITUDINAL SECTION: SHEET 3 OF 3

1124367-1-004-C-LA-0004-08 0A PROPOSED LAYOUT : SECURITY FENCE WEST

LONGITUDINAL SECTION : SHEET 1 OF 3





1124367-1-004-C-DE-0004-11 0A PROPOSED LAYOUT: SECURITY FENCE EAST

CROSS SECTION SHEET 1 OF 1

1124367-1-004-C-DE-0004-12 0A PROPOSED LAYOUT : FENCE & SECURITY ROAD-

EAST CROSS SECTION SHEET 1 OF 1

1124367-1-000-C-DE-0005-01 0A STEEL PALISADE FENCING DETAIL 1

1124367-1-000-C-DE-0005-02 0A STEEL PALISADE FENCING DETAIL 2



SECTION 2

6 Management and start up

6.1 Management meetings

6.1.1 Regular meetings of a general nature may be convened and chaired by the Project Manager as

follows:

Title and purpose Approximate time

& interval

Location Attendance by:

Kick-Off Meeting

Prior to

Commencement of

Construction

Port of

Ngqura

Employer, Contractor (key

persons) and Project Manager

(appropriate delegates)

Contract Progress

Meeting Fortnightly

Port of

Ngqura




Risk Register and

Compensation

Events

Weekly

Port of

Ngqura

Project Manager (and appropriate

delegates), Supervisor (and

appropriate delegates) and

Contractor (appropriate key

persons)

Monthly SHE

meeting Monthly

Port of

Ngqura

Employer, Project Manager (and

appropriate delegates),

Contractor (line management,

site Supervisors, safety officer,

environmental officer and safety

reps)

Safety Visible Felt

Leadership

Walkabout

Weekly On Site

Project Manager (and appropriate

delegates) and Contractor

(appropriate key persons)

Safety Workshop Bi-weekly On Site Contractor’s site Supervisors

Safety Committee

Meeting

Every second

month

Port of

Ngqura




6.1.2 Meetings of a specialist nature may be convened as specified elsewhere in this Works

Information or if not so specified by persons and at times and locations to suit the Parties, the

nature and the progress of the works. Records of these meetings are to be submitted to the

Project Manager by the person convening the meeting within five days of the meeting.

6.1.3 All meetings are to be recorded using minutes or a register prepared and circulated by the person

who convened the meeting. Such minutes or register are not to be used for the purpose of

confirming actions or instructions under the contract as these are to be done separately by the

person identified in the conditions of contract to carry out such actions or instructions.



6.2 Documentation Control

6.2.1 The Contractor provides documentation in accordance with the requirements of the Contractor

Documentation Submittal Requirements and the Contractor Documentation Schedule (CDS) and

makes specific reference thereto within his Quality Management System and Quality Procedures.

6.2.2 The Contractor Document Submittal Requirements is contained within Annexure B (Contractor

Documentation Submittal Requirements) of the Works Information.

6.2.3 A standard Contractor Documentation ‘Starter Kit’ will be issued to the Contractor upon award

and consists of the following:

i. Standard Project Drawing Sheet;

ii. Contractor Document Register (DOC-FAT-0002);

iii. A4 Review Coversheet for Documents (DOC-FAT-0067);

iv. Document Deliverable Matrix (DOC-FAT-0075).

6.2.4 The Contractor shall assign a dedicated person to provide the services required to execute the

documentation control function.

6.2.5 The nominated individual shall be fully conversant with document control systems and be suitably

qualified with a minimum of 5 years’ experience in Document Management to provide an

acceptable interface with the Employer’s Document Control. The CV of the nominated person

shall be submitted to the Project Manager for approval.

6.3 Safety risk management

6.3.1 The Contractor complies with the following HAS specifications and standards:

i. Annexure C: Health and Safety Project Specification 1124367-02-HS-SP-0001;

ii. Occupational Health and Safety Act (Act 85 of 1993) and Regulations;

iii. Transnet health and safety policies and procedures;

iv. National Road Traffic Act.

6.3.2 The Contractor ensures that its SubContractors comply with the above mentioned requirements.

6.3.3 The Employer will acknowledge the achievement of specific safety milestones set for the project

with regards to incident statistics, incident recording, safety observation and conversations

(SOC’s) participation, safety initiatives, etc.

6.3.4 The Contractor makes the HAS specification available to its employees and subContractors in

the language of this contract and other local languages as required.

6.3.5 The Contractor conducts a risk assessment and method statement and safe working procedures

pack prior to carrying out any activity on the Site to the approval of the Project Manager.

6.3.6 The lines of communication of the various personnel acting on behalf of the Project Manager,

who communicates directly with the Contractor, and his key persons with respect to the HAS

specification, are contained within Annexure C (Health and Safety Project Specification 1124367-

02-HS-SP-0001 . One such person is the Clients appointed PrCHSA who will be responsible for

obtaining the project construction work permit.

6.3.7 The roles and responsibilities of the various personnel acting on behalf of the Project Manager

with respect to the HAS Project specification and health and safety issues as per Annexure C

(Health and Safety Specification 1124367-02-HS-SP-0001

6.3.8 The Contractor shall appoint a full time CHSO per shift, registered with SACPCMP for the

duration of the works, the number of which depending on the scope, complexity, and high risk



activities involved, as required by the Construction regulations of 2014, regulation 8(5). The

Health and Safety Officer(s) must be on site when work commences at the start of the day and

must remain on site until all activities for that day (including the activities of sub-Contractors) have

been completed.

6.3.9 The CM is responsible, within the context of the HAS project Specification, for health and safety

on the Site and reports to the Project Manager. The CM specific tasks are detailed in:

i. Annexure C (Health and Safety project Specification 1124367-02-HS-SP-0001).

6.3.10 All items of plant, Equipment and vehicles travelling within the Site shall be equipped with fully

operational amber rotating flashing lights. All vehicles shall be roadworthy and shall at all times

adhere to all traffic signage and speed limits.

6.3.11 All employees of the Contractors will undergo entry medicals before the commencement of the

project and thereafter on an annual basis inclusive of exit medicals at the Coega Development

Corporation (CDC). Medicals to include drug testing

6.3.12 Trainings as stipulated in the HS project specification will be conducted by relevant Contractors

employees before the commencement of the project

6.3.13 All will comply with PPE requirements as mentioned in this document as well as HS project

specification taking note that only long sleeve pants and shirts are allowed to be worn on site

6.3.14 Transportation of employees will not be allowed at the back of bakkies.

6.3.15 All permit costs required for any activities relating to the project shall be for the Contractors

account.

6.3.16 The Contractor shall further comply with all applicable legislative requirements and standards

with respect to his own activities and others on the Site. A health and safety file to be submitted

by the Contractor for approval by the Employer or Employers representative before site access

can be granted. In addition, sufficient time to be allowed for health and safety file to be approved

by the Employer’s HS Staff as well as TNPA SHEQ Department

6.4 Environmental constraints and management

6.4.1 General

6.4.1.1 All work is to be conducted in accordance with the principles of the National Environmental

Management Act, 1998 (Act no 107 of 1998) as well as all other applicable legislation, regulations

and the accepted environmental good practice.

6.4.1.2 A project specific Construction Environmental Management Programme (CEMPr) has been

compiled and is included under Annexure D (Environmental Management Programme). The

CEMPr has been aligned with the Final Basic Assessment Report (BAR) and Environmental

Authorization (EA) for the Project. A copy of the EA and subsequent Amendment is included

under Annexure E (Environmental Documentation).

6.4.1.3 The CEMPr provides an integrated approach to environmental management. This approach is

designed to guide the appropriate allocation of human resources, assign responsibilities, develop

procedures and ensure project compliance with regulatory and best practice requirements. The

CEMPr is the minimum acceptable standard for the Project that shall be complied with at all

times. The CEMPr requirements shall be applicable to the main Contractor and all its service

providers.

6.4.1.4 The Contractor must sign the declaration of understanding as a commitment to abide with the

Project CEMPr and the Employer’s Environmental Governance Framework. Sufficient

environmental budget must be allocated to meet all the project environmental requirements for

the duration of the contract.



6.4.1.5 The Contractor shall perform the Works and all construction activities within the Site and Working

Areas having due regard for the environment and environmental management practices as more

particularly described within the CEMPr.

6.4.1.6 The Contractor must appoint a suitably qualified Environmental Officer with a relevant

environmental qualification and a minimum of 5 years relevant construction environmental

management experience.

6.4.1.7 The roles and responsibilities of the Contractor’s EO are clearly outlined in the CEMPr. The

appointed EO is required to be on site daily on a full time basis. Alternative arrangements must

be made where night shifts are proposed. In such instances an EO must be on site for a minimum

of 4 hours of the shift. The EO must be a dedicated resource to the environmental discipline and

may not be shared with any other discipline on site such as Health and Safety or Quality.

6.4.1.8 The Contractor will be required to submit an environmental file to the Project Manager post award

of tender. Particular requirements of the Employer will be made known on award of the contract.

A Site access certificate shall not be granted until the environmental file has been approved by

the Employer.

6.4.2 Environmental Obligation

6.4.2.1 The overarching obligations of the Contractor in terms of the CEMPr before construction activities

commence on the Site and/or Working Areas is to provide environmental method statements for

all construction operations at the Site and/or Working Area and where requested by the

Construction Manager. The Contractor shall comply with the following:

i. The Contractor shall identify the kinds of environmental impacts that will occur as a result

of their activities and accordingly prepare separate method statements describing how

each of these impacts will be prevented or managed so that the standards set out in the

CEMPr are achieved.

ii. Environmental method statements will be prepared in accordance with the requirements

set out in the CEMPr. These method statements shall form part of the environmental file.

iii. The Contractor shall ensure that his management, foremen and the general workforce,

as well as all suppliers and visitors to Site have attended the Environmental Induction

Programme prior to commencing any work on Site.

iv. If new personnel commence work on the Site during construction, the Contractor shall

ensure that these personnel undergo the Environmental Induction Programme and are

made aware of the environmental specifications on Site.

6.4.2.2 The Contractor shall take note of the environmental sensitivity of the Project area and

surrounding areas and shall erect and maintain a highly visible temporary fence/barrier along the

boundaries of the Site and around any no-go areas that may be pointed out by the Project

Environmental Manager. Site demarcation must be done and be in place prior to commencement

of any construction related activity, to the satisfaction of the Construction Manager and Project

Environmental Manager.

6.4.2.3 The Contractor must take note of various environmental monitoring requirements during

construction, as specified by the CEMPr, and must make adequate allowance for undertaking

specified monitoring.

6.4.2.4 The Contractor must appoint a waste removal Service Providers as per the TNPA list of waste

removal Service Providers (to be provided after contract award).

6.4.2.5 During the construction period, the Contractor shall comply with the following:

i. Upon award the Contractor will receive a CD containing, but not limited to the

environmental file templates and copies of the project’s EA, permits and licences and

CEMPr;



ii. A copy of the project’s EA, permits and licences, CEMPr and method statements shall

be available on Site, and the Contractor shall ensure that all the personnel on Site

(including subContractors and their staff) as well as suppliers are familiar with and

understand the specifications contained in these documents;

iii. The Contractor must sign a Declaration of understanding (T2.2.38) as part of a returnable

acknowledging understanding of the environmental requirements for the Project.

Furthermore, sufficient environmental budget must be allocated for the implementation

of environmental management requirements.

iv. Method statements that are required during construction must be submitted to the Project

Manager for approval at least 20 days prior to the proposed commencement of the

activity. Emergency construction activity method statements may also be required. The

activities requiring method statements cannot commence if the method statements have

not been approved by the Project Manager. The scope of the required method

statements for completion by the Contractor shall, as a minimum, include all such items

as are listed within the CEMPr;

v. Where applicable, the Contractor shall provide job-specific training on an ad hoc basis

when workers are engaged in activities, which require method statements.

6.4.2.6 The Contractor shall ensure that anyone making deliveries to Site is properly informed of all

procedures and restrictions, e.g. which access roads to use, no go areas, speed limits, noise and

the like, as required by the relevant project Authorisations and the CEMPr, before they arrive at

Site.

6.4.2.7 The Contractor shall be responsible for rehabilitation/reinstatement and cleaning all areas to the

satisfaction of the Employer’s Project Environmental Manager or Environmental Officer as

detailed in the CEMPr.

6.5 Quality assurance requirements

6.5.1 General Requirements

6.5.1.1 The Contractor shall execute the works in accordance with the project specification General

Quality Requirements for Contractors and Suppliers included in Annexure F (General Quality

Requirements for Contractors and Suppliers) of the Works Information.

6.5.1.2 The Contractor’s Quality Management System shall conform to the International ISO 9001

Standard or an equivalent standard acceptable to the Project Manager.

6.5.1.3 Prior to the commencement of the works on Site, the Contractor shall submit his quality

assurance proposal(s) to the Employer for review. Works on Site may only commence once

these proposals have been approved by the Employer.

6.5.1.4 This proposal shall detail the Contractor’s quality management system as it applies to all aspects

of supply or service provision, including design, procurement, manufacturing, construction,

installation, erection and commissioning. The Contractor shall make allowance for the provision

of suitably qualified quality control staff to manage and carry out inspection on all

supplier/subContractor activities in all disciplines included within the Works Information.

6.5.2 Quality Policy

6.5.2.1 The Quality Policy is a concise document, approved by the Contractor's executive management

that defines organisational goals and objectives with regard to quality, a commitment to meeting

stated requirements and an undertaking to drive continuous improvement throughout the



organisation’s activities. It must be suitable for the organisation and provide a framework for

establishing, communicating and monitoring performance against agreed quality objectives.

6.5.3 Project Quality Plan

6.5.3.1 The Contractor shall submit a Project Quality Plan (PQP), which shall also contain specific

proposals and details with regard to quality control (QC) for the scope of the works.

6.5.3.2 The PQP includes the Contractor’s statement that outlines strategy, methodology, resources

allocation, QA and quality control co-ordination activities to ensure that the works meet the

standards stated in the Works Information.

6.5.3.3 The PQP is generally in narrative form detailing the Project Specific QA and QC systems and

controls required by the Contractor for the specific works.

6.5.3.4 The requirements for a PQP are detailed in the project standard and shall include, but not be

limited to, the following:

i. Include all quality activities relevant to the works, identifying all procedures, reviews,

audits, controls and records used to control and verify compliance with the specified

contractual requirements;

ii. Include a listing of all special processes (e.g. welding and non-destructive testing, cube

testing, etc.) envisaged for use, including confirmation of personnel certification as

required;

iii. Include a list of all proposed method statements for Site-based work activities;

iv. Include a description of the Contractor’s project organization, with key positions and

responsibilities identified and individuals named. The organization structure shall also

indicate the resources committed to the management / coordination of QA / QC activities,

both within the Contractor’s organization and that of his subContractors and suppliers;

v. Include a listing of all Quality Control Plans (QCP’s), and associated Field Inspection

Checklists (FIC’s), as applicable;

vi. Identify in the PQP any supplier/subContractor work. Supplier/subContractor quality

plans shall be approved by the Contractor, and a copy forwarded to the Project Manager

for approval;

vii. Include the proposed Authorized Inspection Authority (where applicable - for pressurized

equipment and systems);

viii. Include a Data Book Index, scheduling the proposed quality records that will form the

permanent record of conformance to requirements.

6.5.4 Submissions and Records

6.5.4.1 The Contractor submits his Quality Management System documents to the Project Manager as

part of his programme under ECC3 Clause 31.2 to include details of:

i. PQP for the contract;

ii. Quality Policy;

iii. Index of procedures to be used;

iv. A schedule of internal and external audits during the contract.

6.5.4.2 The Contractor develops and maintains a comprehensive register of documents that will be

generated throughout the works, including all quality related documents as part of its Quality

Plan.



6.5.4.3 The Project Manager indicates those documents required to be submitted for information, review

or acceptance and the Contractor indicates such requirements within his register of documents.

The register shall indicate the dates of issue of the documents and the dates upon which the

Project Manager responded to documents submitted by the Contractor.

6.5.4.4 The index of procedures shall contain a list of the Contractor's quality management system

procedures to be applied during the course of the works, including any relevant instructions or

3rd tier quality system documentation. Where aspects of the works are to be subcontracted, the

Contractor shall include procedures for the management of suppliers and subContractors.

6.5.4.5 A schedule of internal and external audits shall be included in the Contractor’s PQP, detailing the

location, frequency and extent of internal and external quality system audits to be carried out

during the contract period. The schedule shall include all locations at which such audits are

carried, i.e. the Contractor’s offices and construction Sites, as well as the premises of suppliers

and service providers.

6.5.5 Staffing

6.5.5.1 The Contractor shall nominate a suitably experienced quality representative for all aspects of the

works, including general Site activities, with a staff complement that is adequate to perform the

requirements of the PQP.

6.5.5.2 The Contractor shall submit the CV of his nominated quality representative for the Project

Manager’s review and approval.

6.6 Programming and Progress Reporting

6.6.1 General

6.6.1.1 The contract programme, progress reports, subsequent updates, revisions and supplementary

programmes as detailed in this section are an essential part of the project control system used

by the Employer for managing the works and in monitoring progress of the works. Key dates and

completion dates, as defined in the Contract Data, are incorporated into the programme.

6.6.2 Tender Schedule

6.6.2.1 The Contractor’s detailed programme, which complies with the requirements as indicated in the

Works Information, shall be submitted in both hard and soft copy forms. Primavera P6 version

8.2 is being used by the Employer for planning on the project. The Contractor shall use a suitable

computerised planning package (Primavera, MS Projects), as approved by the Project Manager.

6.6.2.2 The activity durations are estimated in working days and shall be realistic and based on quantities

and applied resources.

6.6.2.3 The calendars used are based on normal working hours per day and working days per week, or

as prescribed by the Project Manager.

6.6.3 Network

6.6.3.1 The Critical Path Method (CPM) technique of planning and scheduling will be used for the project.

The Contractor shall provide a programme showing the critical path(s), together with a total float

report for acceptance by the Project Manager.

6.6.3.2 The programme network shall have no fewer activities than the technical and commercial

breakdowns listed in the activity programme.



6.6.3.3 Networks are constructed to reflect the sequence of activities, using resource scheduling to

stagger the performance of activities into the most probable sequence.

6.6.3.4 The activity durations are estimated in working days and shall be realistic and based on quantities

and applied resources.

6.6.3.5 The calendars used are based on normal working hours per day and working days per week, or

as prescribed by the Project Manager in accordance with the contract.

6.6.4 Structure and Methodology

6.6.4.1 The programme layouts shall take into account the approved Facility Breakdown Structure (FBS),

reflecting the manner in which the works are to be performed. The following levels of programme

are to be used for this project:

i. Level 1 Master Programme - defines the major activities and interfaces between

engineering, procurement, fabrication and construction, transportation, installation, and

pre-commissioning, commissioning, and start-up. This is a high level summary

programme, and is included in the monthly progress report.

ii. Level 2 Project Programme - summary programme "rolled up" from the level 3 project

programme. The structure and layout will be in accordance with the FBS as defined in

the Level 3 programme.

iii. Level 3 Project Programme - detailed programme, which is generated for tracking and

control of various activities and deliverables for all phases of the project. The activities

will be coded in accordance with the FBS. Various layouts and corresponding filters can

be developed to reflect the requirements of the project leads and managers.

iv. Level 4 Project Programme - This detailed, discipline-specific programme is developed

and maintained by the Contractor and generated for tracking and control of various

activities and deliverables for all phases of the project. This programme utilizes the FBS

structure and relates to the programmed activities in the pricing activity programme or

groups of activities. The programme represents the day-to-day activities by discipline that

are work-unit based and become summarized in the Level 3 activities.

6.6.5 Progress Reporting and Reports

6.6.5.1 Reporting and Monitoring:

a) To demonstrate the actual progress and forecast completion of the works, the Contractor

shall, on a weekly basis, update and submit to the Project Manager the latest accepted

programme and progress report, including histograms and S- curves.

b) Monitoring and review of the progress of the works shall consist of an assessment of all

activities currently in progress to determine percentage complete, forecast completion

dates, manning histogram, showing plan versus forecast, deviations from the target

programme and actions required for remedy.

c) Weekly progress review meetings shall be conducted to report and assist control of the

works.

6.6.5.2 Reports:

a) Level 4 Programme - updated weekly, showing two separate bars for each task, i.e. the

primary bar shall reflect the current forecast dates and the secondary bar the latest

accepted programme.



b) 3-Week Look-Ahead Programme - in the same format as above, updated and issued

weekly including cash flows.

c) Manpower Histogram - updated and issued weekly, showing actual, forecast and

planned manpower utilization.

d) S-curves - updated and issued weekly, showing actual % complete versus planned %

for the overall contract and utilizing the earned values as calculated by the detailed

progress report.

e) Detailed progress report - updated and issued weekly, utilizing a spreadsheet to calculate

earned progress of activities, as reflected on the Level 4 programme, based on installed

quantities. Activities shall be weighted using man-hours. Report shall indicate progress

‘this period’ and ‘progress to date’.

f) Weekly report - a narrative report consisting of an executive summary, area/facility

synopsis of the works that are in progress and critical action items (top 10). The report

shall be accompanied with a 3-week look-ahead programme and s-curve. A weekly

health and safety report is to be submitted.

g) Monthly report - a narrative status report submitted a week before the last Friday of each

month, or as required by the Project Manager. The report shall include, but not be limited

to, the following:

i. Summary of progress achieved during the reporting period;

ii. Latest updated programme;

iii. Project milestones table – planned versus actual and forecast;

iv. Status and performance of on-Site works;

v. Status and performance of off-Site works;

vi. Histograms and s-curves;

vii. Critical action items list (top 10).

viii. Health and safety monthly report

ix. Cash flow forecasts – Planned vs Actuals.

6.7 Contractor’s management, supervision and key people

6.7.1 The Contractor provides an organogram of all his key people, as required by the Employer and

as stated in the Contract Data, and how such key people communicate with the Project Manager

and the Supervisor and their delegates.

6.7.2 The Contractor appoints an EO as a key person under ECC Clause 24.1. The EO ensures that

the works, including all parts thereof, are undertaken subject to prior environmental method

statement(s), approved by the Project Manager, and ensures that all the project’s EA, permits

and licences and CEMPR are implemented by the Contractor in a timely and proper manner.

6.7.3 The EO provides the Project Manager with all environmental method statements for approval

prior to commencing with the required works. The EO tasks are:

i. Daily, weekly, and monthly inspections of the Site and working areas. Monitor

compliance with

ii. the project’s EA, permits and licences and CEMPr



iii. Reporting of environmental incidents to the Project Manager;

iv. Attendance at all SHE meetings, toolbox talks and induction programmes;

v. Litter control and ensuring the Contractor clears litter from the Site;

vi. Ensuring that environmental signage and barriers are correctly placed;

vii. The EO submits daily, weekly and monthly checklists to the Employer’s EO/ECO.

6.7.4 The Contractor nominates a CIRP as a key person under ECC Clause 24.1. The CIRP is based

on Site and ensures that all reports and IR requests are submitted accurately and in a timely

manner to the Project Manager. The Contractor is referred to Annexure G (Industrial Relations

Policy and Management Plan). The CIRP tasks are:

i. Dedicated to human resources, industrial relations and any other Contractor employee

related functions;

ii. Resolve all human resources and industrial relations matters arising from the

Contractor’s employees;

iii. Represent the Contractor at all industrial relations meetings.

6.8 Training workshops and technology transfer

6.8.1 The Contractor facilitates the following requirements for training workshops:

i. Pre-mobilization workshop, scheduled for one week prior to Site establishment.

Workshop will be attended by the Site management team including Site agents, all

Contractor’s Supervisors and safety personnel. Additional training will include, but is not

limited to, SOC training as well as DSTI training,

ii. Formal training as stipulated in the Health and Safety Project Specification 1124367-02-

HS-SP-0001 to be attended by Contractors identified personnel before commencement

of any works

6.8.2 The Contractor provides the following documentation to the Employer:

i. Health and Safety file, including Health and Safety Management Plan but not limited to:

ii. Valid Company Letter of Good Standing

iii. Medical certificates of fitness

iv. Incident Management procedures;

v. Performance Reporting;

vi. Site Training Packages;

vii. Safe Work Method Statements;

viii. Safety Procedures;

ix. Risk Assessment Process and as well as risk assessments for all activities;

x. Insurance provided by the Employer;

xi. Insurance provided by the Employer is contained in the Contract Data – Part 1

6.9 Contract change management

6.9.1 No additional requirements apply to ECC Clause 60 series.



6.10 Provision of bonds and guarantees

6.10.1 The form in which a bond or guarantee required by the conditions of contract (if any) is to be

provided by the Contractor is given in Part 1 Agreements and Contract Data, document C1.3,

Sureties.

6.10.2 The Contractor provides a bond or guarantee as required by the conditions of contract

concurrently with the execution by the Parties of the form of agreement for the ECC contract.



7 Procurement

7.1 Code of Conduct

7.1.1 The Employer aims to achieve the best value for money when buying or selling goods and

obtaining services. This however must be done in an open and fair manner that supports and

drives a competitive economy. Underpinning our process are several acts and policies that any

supplier dealing with Transnet must understand and support. These are:

i. The Transnet Procurement Procedures Manual (PPM);

ii. Section 217 of the Constitution - the five pillars of Public PSCM (Procurement and Supply

Chain Management): fair, equitable, transparent, competitive and cost effective;

iii. The Public Finance Management Act (PFMA);

iv. The Broad Based Black Economic Empowerment Act (B-BBEE); and

v. The Anti-Corruption Act.

7.1.2 This code of conduct has been included in this contract to formally apprise Transnet Suppliers of

Transnet’s expectations regarding behaviour and conduct of its Suppliers.

7.2 Prohibition of Bribes, Kickbacks, Unlawful Payments, and Other Corrupt

Practices

7.2.1 The Employer is in the process of transforming itself into a self-sustaining State Owned

Enterprise, actively competing in the logistics industry. Its aim is to become a world class,

profitable, logistics organisation. As such, its transformation is focused on adopting a

performance culture and to adopt behaviours that will enable this transformation.

7.1.1.1 The Employer will not participate in corrupt practices and therefore expects its suppliers to act in

a similar manner.

a) The Employer and its employees will follow the laws of this country and keep accurate

business records that reflect actual transactions with and payments to our suppliers.

b) Employees must not accept or request money or anything of value, directly or indirectly,

to:

i. Illegally influence their judgement or conduct or to ensure the desired outcome

of a sourcing activity;

ii. Win or retain business or to influence any act or decision of any decision

stakeholders involved in sourcing decisions; or

iii. Gain an improper advantage.

c) There may be times when a supplier is confronted with fraudulent or corrupt behaviour

of the Employer’s employees. We expect our Suppliers to use our “Tip-offs Anonymous”

Hot line to report these acts. (0800 003 056).

7.1.1.2 The Employer is firmly committed to the ideas of free and competitive enterprise.

a) The Contractor is expected to comply with all applicable laws and regulations regarding

fair competition and antitrust.

b) The Employer does not engage with non-value adding agents or representatives solely

for the purpose of increasing B-BBEE spend (fronting)

7.1.1.3 The Employer’s relationship with suppliers requires us to clearly define requirements, exchange

information and share mutual benefits.



a) Generally, Contractors have their own business standards and regulations. Although

Transnet cannot control the actions of our suppliers, we will not tolerate any illegal

activities. These include, but are not limited to:

i. Misrepresentation of their product (origin of manufacture, specifications,

intellectual property rights, etc.);

ii. Collusion;

iii. Failure to disclose accurate information required during the sourcing activity

(ownership, financial situation, B-BBEE status, etc.);

iv. Corrupt activities listed above; and

v. Harassment, intimidation or other aggressive actions towards Transnet

employees.

b) The Contractor must be evaluated and approved before any materials, components,

products or services are purchased from them. Rigorous due diligence is conducted and

the supplier is expected to participate in an honest and straight forward manner.

c) The Contractor must record and report facts accurately, honestly and objectively.

Financial records must be accurate in all material respects.

7.2 Conflicts of Interest

7.2.1 A conflict of interest arises when personal interests or activities influence (or appear to influence)

the ability to act in the best interests of the Employer. These include but are not limited to:

i. Doing business with family members

ii. Having a financial interest in another company in our industry



8 The Contractor’s Invoices

When the Project Manager certifies payment (see ECC Clause 51.1) following the assessment

date, the Contractor complies with the Employer’s procedure for invoice submission.

The invoice must correspond to the Project Manager’s assessment of the amount due to the

Contractor as stated in the payment certificate.

The invoices must be addressed to Transnet SOC Ltd and must state the following:

Invoice addressed to Transnet SOC Ltd;

Transnet SOC Limited’s VAT No: 4720103177;

Invoice number;

The Contractor’s VAT Number; and

The Contract number 1124367-C004.

The invoice is presented either by post or by hand delivery.

Invoices submitted by post are addressed to:

Transnet Capital Projects

PO Box 612054

Bluewater Bay

Port Elizabeth

South Africa

6210

For the attention of The Contract Administrator, Transnet Capital Projects

Invoices submitted by hand are presented to:

Transnet Capital Projects

Room No. W-2, 2nd Floor West Wing

eMendi Admin Building, Klub Road

Port of Ngqura, Neptune Road

Coega,

Port Elizabeth

6100

For the attention of The Contract Administrator, Transnet Capital Projects

The invoice is presented as an original.



9 People

Minimum requirements of people employed on the Site include the following:

i. Employee’s medical certificate

ii. Health and Safety induction training

The Contractor complies with Annexure G (Industrial Relations Policy and Management Plan),

including the following requirements.

9.1 Contractor Liability

9.1.1. The Contractor warrants that it will be liable to the Employer for any loss or damage caused by

strikes, riots, lockouts or any labour disputes by and/or confined to the Contractor’s employees,

which loss will include any indirect or consequential damages.

9.1.1 The Contractor warrants that no negotiations or feedback meetings by the Contractor’s

employees shall take place on the Employer’s premises, whether owned or rented by the

Employer.

9.1.2 The Contractor shall give notice to the Employer of any industrial action by the Contractor’s

employees immediately upon becoming aware of any actual or contemplated action that is or

may be carried out on the Employers premises, whether owned or rented, and shall notify the

Employer of all matters associated with such action that may potentially affect the Employer.

9.1.3 The Contractor is responsible for educating its employees on relevant provisions of the Labour

Relations Act which deal with industrial action processes and the risks of non-compliance.

9.1.4 The Contractor is required to develop a contingency strike handling plan, which plan the

Contractor is obliged to update on a three monthly basis. The Contractor must provide the

Employer with this plan and all updates to the plan. The Contractor is responsible to communicate

with its employees on Site details of the plan.

9.2 Industrial Action by Contractors Employees

9.2.1 In the event of any industrial action by the Contractor’s employees, the Contractor is required to provide competent contingency resources permitted in law to carry out any of the duties that are, or could potentially be, interrupted by industrial action in delivering the service.

9.2.2 The Contractor warrants that it will compensate the Employer for any costs the Employer incurs

in providing additional security to deal with any industrial action by the Contractor’s employees.

9.2.3 In the event of any industrial action by the Contractor’s employees, the Contractor is obliged to

prepare and deliver to the Employer, within two (2) hours of the commencement of industrial

action, an industrial action report. If the industrial action persists, the Contractor is required to

deliver the report at 8h30 each day.

9.2.4 The industrial action report must provide at least the following information:

i. Industrial incident report;

ii. Attendance registers;

iii. Productivity / progress to schedule reports;

iv. Operational contingency plan;

v. Site security report;

vi. Industrial action intelligence gathered.



9.2.5 The final industrial action report is to be delivered 24 hours after finalization of the industrial

action.

9.2.6 The management of the Contractor is required to hold a daily industrial action teleconference

with personnel identified by the Employer to discuss the industrial action, settlement of the

industrial action, security issues and the impact on delivery under the contract.

9.2.7 The resolution of any disputes or industrial action by the Contractor’s employees is the sole

responsibility of the Contractor.

9.2.8 Access to the Employer’s premises by the Contractor and its employees is only provided for

purposes of the Contractor delivering its services to the Employer. Should the Contractor and its

employees not, for any reason, be capable of delivering its services, the Employer is entitled to

restrict or deny access onto its premises and, unless otherwise authorized, such person will be

deemed to be trespassing.

9.2.9 The Contractor performs the works having due regard to the PIRPMP, statutory requirements

and industry agreements.

9.2.10 The Contractor complies with the requirements of the IRCC involving the engineering

construction Contractors engaged (including all future Contractors) by the Employer.

9.2.11 The roles and responsibilities of the various personnel acting on behalf of the Project Manager

with respect to IR issues are stated in the following paragraphs.

9.2.12 The PIRM is responsible for ensuring that the Contractor complies with the PIRPMP. The PIRM

acts on behalf of the Project Manager.

9.2.13 The PIRM specific tasks are:

i. As per Annexure G (Industrial Relations Policy and Management Plan);

ii. To liaise with the Contractor prior to the commencement of construction activities, as per

the Contractor’s programme accepted by the Project Manager, with respect to IR issues;

iii. Responsible, inter alia, for day-to-day IR on the Site through the implementation of the

PIRPMP;

iv. The PIRM reports directly to the Project Manager.



10 B-BBEE and Preference Scheme

10.1 General Conditions

10.1.1 The value of this bid is estimated to exceed R50 000 000 (all applicable taxes included) and therefore the 90/10 preference point system shall be applicable.

10.1.2 Preference points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contribution.

10.1.3 The maximum points for this bid are allocated as follows:

POINTS

PRICE 90

B-BBEE STATUS LEVEL OF CONTRIBUTION 10

Total points for Price and B-BBEE must not

exceed

100

10.1.4 Failure on the part of a bidder to submit a B-BBEE Verification Certificate from a Verification

Agency accredited by the South African Accreditation System [SANAS], or a Registered Auditor

approved by the Independent Regulatory Board of Auditors [IRBA] or a sworn affidavit confirming

annual turnover and level of black ownership in case of all EMEs and QSEs with 51% black

ownership or more together with the bid, will be interpreted to mean that preference points for B-

BBEE status level of contribution are not claimed.

10.1.5 The employer reserves the right to require of a Tenderer, either before a tender is adjudicated or

at any time subsequently, to substantiate any claim in regard to preferences, in any manner

required by the employer.

10.2 Points Awarded for B-BBEE Status Level Of Contribution

10.2.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference

points will be awarded to a tenderer for attaining the B-BBEE status level of contribution in

accordance with the table below:

B-BBEE Status Level of Contributor Number of points (90/10 system)

1 10

2 9

3 6

4 5

5 4

6 3

7 2

8 1

Non-compliant contributor 0



11 Subcontracting

Where the Contractor employs a subContractor who constructs or installs part of the works or who

supplies plant and materials for incorporation into the works which involves a subContractor operating on

the Site, then the Contractor ensures that any such subContractor complies with the CEMPr as well as

health and safety project specification (1124367-02-HS-SP-0001) as described in the Works Information,

as appropriate. The subcontract documentation shall place back-to-back obligations on the

subContractor, which reflect the Contractor’s obligations under the CEMPr, all within the Contractor’s

quality management system, as per the Works Information.

Where the Contractor employs a subContractor who constructs or installs part of the works, or who

supplies plant and materials for incorporation into the works which involves a subContractor operating on

the Site and/or working areas, then the Contractor ensures that any such subContractor complies with

the PIRPMP as appropriate and that the subcontract documentation places back-to-back obligations on

the subContractor which reflect the Contractor’s obligations under the PIRPMP, all within the Contractor’s

quality management system as per the Works Information.



12 Plant and Materials

The Contractor provides plant and materials for inclusion in the works in accordance with COLTO 1208

Item (e), unless stated otherwise in the Works Information provided by the Employer. All Plant and

Materials are new, unless the use of old or refurbished goods and/or materials are expressly permitted

as stated elsewhere in this Works Information, or as may be subsequently instructed by the Project

Manager.

The Contractor replaces any Plant and Materials subject to breakages (whether in the working areas or

not) or any plant and materials not conforming to standards or specifications stated and notifies the

Project Manager and the Supervisor on each occasion where replacement is required.



13 Annexures

List of Annexures:

Annexure A : Tender Drawings

Annexure B : Contractor Documentation Submittal Requirements: DOC-STD-0001

Annexure C : Health And Safety Specification: 1124367-02-HS-SP-0001

Annexure D : Environmental Management Programme Basic Assessment Report

Annexure E : Environmental Documentation: Environmental Authorisation,

14/12/16/3/3/1/895 – Amended Environmental Authorisation,

14/12/16/3/3/1/895 (A1) – Amended Environmental Authorisation

Annexure F : General Quality Requirements for Contractors and Suppliers

Annexure G : Industrial Relations Policy and Management Plan ACM-IR-POL-001

ANNEXURE A: TENDER DRAWINGS

ANNEXURE B: CONTRACTOR DOCUMENTATION SUBMITTAL

REQUIREMENTS: DOC-STD-0001

ANNEXURE C: HEALTH AND SAFETY SPECIFICATION: 1124367-02-HS-SP-

0001

ANNEXURE D: ENVIRONMENTAL MANAGEMENT PROGRAMME BASIC

ASSESSMENT REPORT

Annexure E: ENVIRONMENTAL DOCUMENTATION: ENVIRONMENTAL

AUTHORISATION, 14/12/16/3/3/1/895 – AMENDED ENVIRONMENTAL

AUTHORISATION, 14/12/16/3/3/1/895 (A1) – AMENDED ENVIRONMENTAL

AUTHORISATION

ANNEXURE F: GENERAL QUALITY REQUIREMENTS FOR CONTRACTORS

AND SUPPLIERS

ANNEXURE G: INDUSTRIAL RELATIONS POLICY AND MANAGEMENT PLAN ACM-

IR-POL-001

TRANSNET GROUP CAPITAL TENDER NUMBER: P.1127672-LS-C004 DESCRIPTION OF THE WORKS: THE CONSTRUCTION OF THE NEW EAST BANK PERIMETER SECURITY FENCING ______________________________________________________________________________________

PAGE 1

PART C4: SITE INFORMATION

1. General Description

The Port of Ngqura is located within the Nelson Mandela Bay Municipality in the Eastern Cape, South Africa.

The site easily accessible via the existing N2 Highway and the Port Elizabeth Airport is 20 minutes from the

Port. There is adequate and efficient roads and rail to enable logistics requirements. The Port of Ngqura is

capable of handling container, dry and liquid bulk vessels. The location is latitude 33˚ 48’S, longitude 25˚

41’E.

The site of the project is located on the east bank of the Coega River in the Port of Ngqura. The primary

access is off the N2 national highway towards Grahamstown. The terrain can be described as generally flat to

rolling for the larger part of the site, except near and along the Coega River where steeper grades exist. The

site is located in the transition between southern temperate and subtropical bioclimatic zones hence it receives

rainfall throughout the year

FIGURE 1: LOCALITY PLAN

Port Of Ngqura


PAGE 2

FIGURE 2: SITE LAYOUT

2. Climate

The Port of Ngqura is located in a sub-tropical climate that is typically hot and slightly humid. Summertime temperatures can reach 35 degrees Celsius, while night times are warm, at an average 22 degrees Celsius. Winters are generally cool to cold with average low temperature of about 8 to 14 degrees Celsius and daytime highs of approximately 18 degrees, with no occurrence of snow or frost. Rainfall occurs all year round, as indicated below. Strong, gale-force winds occur mainly during summer, with light and moderate winds a common occurrence.

a. Rain Data

The monthly rainfall measurements for a 1 in 10 year return period for PE are provided in Table 1 below: TABLE 1: MONTHLY RAINFALL MEASUREMENTS FOR 1 IN 10 YEAR RETURN

Month Jan Feb Mar Apr May Jun

Rainfall (mm) 76.3 72.6 95.1 94.7 114.2 110.2

Month Jul Aug Sep Oct Nov Dec

Rainfall (mm) 89.9 117.6 110.1 96.4 113.6 75.1

b. Wind Data


PAGE 3

The wind data presented below was recorded from a station on Jahleel Island over the duration of 10years. The data, was recorded at 15 m above CD, however the data was transformed to represent the standard U10 (wind speed at + 10 m CD) at mean hourly intervals. A non-exceedance curve for the Jahleel Island wind data is illustrated in Figure 3.

FIGURE 3: JAHLEEL ISLAND WIND NON-EXCEEDANCE CURVE (M/S, HOURLY AVERAGE)

Wind in Algoa Bay is predominantly westerly. There are however seasonal fluctuations where the land breeze from NNW to NW sector dominates. This occurs mainly during the winter months. The higher wind speeds are found during spring and summer and are related to the WSW and ESE sectors. Summer and spring are considered the seasons representing extreme wind speeds. Coast normal diurnal winds occur year round, but the wind velocities of these are not as high as that from the larger weather systems. The maximum recorded extreme wind velocities are from the westerly sector. An extreme value analysis has been carried out. The analysis is performed using the EVA (Extreme Value Analysis) toolbox (DHI, 2008a). The analysis comprises fitting a three parameter Weibull distribution using the method of moments to an extreme value series extracted from the input time-series. The extreme value series is selected using the ‘peaks over threshold’ or ‘partial duration series’ method, with the threshold defined as the value that is exceeded 8 times per year on average. To ensure independence, two successive events are extracted only if the time between the events exceeds 48 hours. The 95% confidence level to the best fit estimate is calculated using the Jack-knife method. Figure 4 illustrates the extreme wind speed analysis for Jahleel Island (omni-directional).

FIGURE 4: JAHLEEL ISLAND EXTREME WIND CONDITIONS (M/S, HOURLY AVERAGE)

24.14 100

8.14 75

5.35 50

3.51 25

0.42 0

Wind Speed [m/s] Non Exceedance [%]


PAGE 4

An estimate of the 1, 2, 5, 10, 50 and 100 year return interval wind climate and the corresponding upper 95% confidence limit are summarised in Table 2 below. TABLE 2: EXTREME WIND SPEED VALUES AT JAHLEEL ISLAND

Frequency of recurrence (yrs)

Velocities (m/s)

One hourly mean (A)

One minute mean (A x 1.243)

3 second mean (gust) (A x 1.509)

1:1 20.8 25.8 31.4

1:5 21.6 26.8 32.6

1:10 23.1 28.7 34.9

1:50 24.4* 30.3 36.8**

1:100 24.9 30.9 37.6

SABS recommended 25 m/s for all SA coastal zones

SABS recommended 40 m/s for all SA coastal zones

3. Zoning The site is categorized as Zone 8 “Port Area” under the Coega IDZ Zone Overview, Tenants and Site Reservations. The permitted activities in the “Port Area” are limited to port related activities only. The area is currently used by Transnet for import and export operations.

4. Existing Services Existing services on the development have been identified from as-built, information include raw and potable water supply, electrical, storm water and sewer infrastructure.

5. Construction Electricity Electricity distribution points are available within the area but may be far from construction site hence it is the contractors’ responsibility to make provision for the availability of electricity to their site camps from the TNPA supply points, Electricity meter must be fitted by contractors at site camps for billing purposes.

6. Construction Water The water supply points are available within the construction site; it is the contractors’ responsibility to make provision for water supply to their site camps from the available connection points, the connection points will be limited to the supply of drinkable and water for concrete works due to current municipal water restrictions imposed on Port Elizabeth.


PAGE 5

7. Construction Waste Management The contractor will be responsible for providing their own facilities to handle, contain, and dispose of both hazardous and domestic waste materials. This will be required for the duration of the construction period. The storage of oils, materials, chemicals, fuels and other to be used during the construction phase must not pose a risk to the surrounding environment. Temporary bunds must be constructed around chemical or fuel storage areas to contain possible spillages. Waste management and disposal will be undertaken in accordance with the requirements of the Project Environmental Authorisation and Environmental Management Programme.

8. IT and internet services The Contractor are responsible for installing IT systems and telecommunications services at their administration compound. This will cover the needs for the construction offices and facilities.

9. Contractor Site Establishment & Traffic Management

The Contractor’s site offices, ablution and minor stores may be located on site at identified areas TGC and

sited not to hinder work or operational activities. The sensitive nature of the areas wherein which the project

will be undertaken as well as the number of environmental regulatory requirements that governs development

within the IDZ and Port of Ngqura places various restrictions and constraints on the construction planning

process.

Works done within Port Area For works executed within the Port boundaries, the following permit requirements will apply.

Medicals: Each of the Contractor’s employees shall undergo a medical examination (inclusive of a drug test), certifying that the employee is fit and capable of undertaking the assigned tasks, as applicable;

Induction: Each of the Contractor’s employees shall undergo TNPA and client induction. The Contractor shall provide at least 48 hours prior notice of when such inductions are required. Each employee shall also, as part of the inductions, be required to present the medical report as outlined above;

Police clearance: Each of the Contractor’s employees shall have a valid police clearance; Employee permitting: Upon completion of the medicals, inductions and police clearances, the Contractor shall

submit the list of employees, including full names and identification numbers, to TNPA, for issuing of a project duration permit. The permit Office is operational from 08H00 to 16H00 from Mondays to Fridays including

public holidays. Vehicle permits: The Contractor shall submit a list of all vehicles entering and leaving the Port area to TNPA for

issuing of vehicle permits. The list shall include the type, model and registration number of the vehicle, as well as the name of the designated driver, Tyres must not be worn out, battery not be tied with wires or strings, License disc must be valid. Trucks must be in good condition with no leakages. The truck will be not granted access to the port if it does not comply. A truck shall at all times have a SHE file and its permit to the port.

Tool lists: All tools (Equipment) brought into the Port area shall be declared at the TNPA main security entrance. Equipment is to be assigned to a designated vehicle, for further control during entrance and departure from the Port area; no weapons allowed in the Port.

Contractor’s materials and equipment: All Contractor’s Equipment, Plant and Materials brought into the Port area shall be declared at the main security entrance. The documentation for such Equipment, Plant and Materials shall be presented to the TNPA security persons whenever these are removed again from within the Port boundaries, TGC representative to review and approve material and equipment list; plants and other materials needs to be declared by TNPA environmental department. A SHE file is also vital in the process of bringing materials to the port therefore the TNPA SHEQ department also needs to be consulted. Goods Truck drivers are not allowed to come in in with a passenger. A contractor using their own personal vehicles will follow the Port access card procedure.

Employee’s Equipment: Should the Contractor ever be required to take any of the Employee’s Equipment out of

the Port boundaries, such Equipment shall be identified and declared in accordance with the TNPA gate pass procedures; Security will require any sort of agreement between an employee and a contractor be in a black and white form. A notification is required by security department prior the date and time of the movement of such equipment. No equipment shall be stacked or stored against the Port perimeter fence. All equipment must be kept approximately 3 metres from the perimeter fence. No security breaches are allowed. No advertisements of any form shall be posted on the perimeter fence.

Safety files: Prior to commencement of any works within the Port area, the Contractor will be required to submit his safety file to the Employer and to the TNPA SHEQ department for review and approval. Provided that these files meet all requirements, an allowance of 2 weeks must be made for the approval of such files; as per bulletin 7 above. A driver must be of sober habits as in Transnet we promote a good and healthy working environment


PAGE 6

PPE: The minimum PPE requirements for any of the Contractor’s employees within the Port boundaries shall include hard hats, safety vests and safety boots. Where special circumstances dictate this, or where so advised by the Employer and/or TNPA, the Contractor shall also provide his employees with ear muffs, goggles, dust masks, harnesses, life jackets where required, A truck driver must always be in their reflector vests before being granted access

Permits will also be required from the Port authorities prior to any excavations being undertaken within the site. Reference is made also to the Employer’s requirements for long-term access permits, appended under Annexure A.

ANNEXURE A TGC SECURITY MANAGEMENT INFORMATION

TGC SECURITY MANAGEMENT INFORMATION

TGC SECURITY MANAGEMENT INFORMATION:

Employer’s Site entry and security control, permits, and Site regulations

Prospective Contractors shall visit the Site of the proposed works and acquaint themselves

with the nature of the works, the conditions under which the work is to be performed, the

means of access to the Transnet Site, and all further matters that may influence or affect

the contract.

Contractors shall be deemed to have allowed in their tender for any additional cost

(Security) to be involved due to the foregoing, as no claims for any extras in connection

with the position or nature of the work will be entertained.

The Contractor shall obtain the necessary work permit(s) from the authority having

jurisdiction at the Site (Ports and Terminals, TNPA) prior to commencing with any

excavations.

The fullest collaboration between the Contractor, Employer, Project Manager, Supervisor

and all affected third parties will be essential. Ongoing commercial activities by the

Employer or third parties shall take precedence over any construction activities.

The Contractor shall arrange all necessary access and other permits for all their staff. All

Costs incurred in this regard shall be borne by the Contractor or his staff.

The Contractor shall comply with the standard conditions of entry and exit for all temporary

permit holders, as defined by the Employer. It is the responsibility of the Contractor to

ensure that all its employees are properly versed as to what these are.

Access and Permits within Transnet Operations

Application letter must be typed on an official company letterhead with the following

information attached:

o Business to be undertaken on Transnet premises (TNPA)

o Areas where access is required (be specific)

o Period required (duration)

o I.D number/s of the person/s requiring the permit/s

o Application must be dated and signed by a senior company official or appointed

official

SAPS Name Clearance: Each of the Contractor’s employees shall have a valid SAPS

Name clearance certificate.

Vehicle permits: The Contractor shall submit a list of all vehicles entering and leaving the

Transnet premises, Transnet Operational Division will be responsible for issuing of vehicle

permits. The list shall include the type, model and registration number of the vehicle, as

well as the name of the designated driver.

Contractor’s Materials, Plant and Equipment: All Contractor’s Materials, Plant and

Equipment brought into Transnet premises shall be declared at the main security entrance

TGC SECURITY MANAGEMENT INFORMATION

and site access. The documentation for such Materials, Plant and equipment shall

be presented to the Transnet Operational Division security persons respectively whenever

these are removed again.

Employee’s Equipment: Should the Contractor require to take any of the Employee’s

Equipment out of Transnet premises, such Equipment shall be identified and declared in

accordance with Transnet G16 procedures. The same shall apply on any Transnet

Operating Division in accordance with their procedures.

Tool lists: All tools brought into the deport area shall be declared at Transnet premises

main security entrance. Tools are to be assigned to a designated vehicle, for further control

during entrance and departure from construction area (project site).

Material dispatch register: for all equipment leaving Transnet premises.

Camera Permit: Application Form Available at Transnet Operational Division security via

TGC Security

Site Security Service Provider: A Transnet appointed service provider from local area who

is compliant to Transnet Requirements. Contracts will be in line with NEC requirements.

Security Management

The Contractor and all Sub-Contractors shall comply and perform the works/activities in

accordance with the Project Security Management Plan on Site and the working areas.

The Contractor shall develop a Security Management Plan (derived from the Project

Security Management Plan) and make it available to its employees and Sub-Contractors in

the language of this contract and other local languages as required.

The Contractor must comply with the Security Regulatory universe PSIRA, National Key

Points, ISPS Code (Port Acts), Railway Safety Regulator (RSR) and other.

The Contractor shall provide Security Officers in line with Project Security Management

Plan.

The Contractor must develop a Security Risk Assessment & Security Operational Plan:

o The Contractor must comply with TGC Security Incident Investigations processes.

o The Contractor to appoint a registered security specialist in compliance with PSIRA.

The Contractor must maintain Security records that will be generated throughout the

contract including documents submitted via doc control as part of its Security Management

Plan.

The Contractor shall be responsible for the overall Security Integration of the Baseline

Security Risk Assessment designed by the Employer. The Contractor is to execute these

plans in line with its own Security Operational Plan.